Hansen Yuncken Pty Ltd

[2022] FWCA 2410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hansen Yuncken Pty Ltd

(AG2022/2325)

Hansen Yuncken Pty Ltd / CFMEU South Australia Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 19 JULY 2022

Application for approval of the Hansen Yuncken Pty Ltd / CFMEU South Australia Enterprise Agreement 2022.

Hansen Yuncken Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Hansen Yuncken Pty Ltd / CFMEU South Australia Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 19 July 2022 and, in accordance with s.54, will operate from 26 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hansen Yuncken Pty Ltd recently sought approval of a new enterprise agreement with the CFMEU South Australia, which would replace the existing agreement. The application was heard by the Fair Work Commission. The central issue before the Commission was whether the new agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the criteria for good faith bargaining, if it provided for adequate employee protections and benefits, and if it was in the best interests of the employees.

The Commission examined the negotiation process to ensure it was conducted in good faith. It looked at the conduct of both parties, the scope of the negotiations, and the time taken to reach an agreement. Additionally, the Commission assessed the provisions of the agreement itself, including wages, working conditions, dispute resolution mechanisms, and other employee benefits. The Commission also considered submissions from both parties and any relevant stakeholders.

After careful consideration, the Commission found that the negotiation process was conducted in good faith and that the agreement provided for adequate employee protections and benefits. The Commission was satisfied that the new enterprise agreement was in the best interests of the employees. Consequently, the application for approval was granted, and the new Hansen Yuncken Pty Ltd / CFMEU South Australia Enterprise Agreement 2022 was approved. The new agreement will now replace the existing one, and the parties are bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established