DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hansen Yuncken Pty Ltd
(AG2018/2381)

HANSEN YUNCKEN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the Hansen Yuncken Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hansen Yuncken Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hansen Yuncken Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Hansen Yuncken Pty Ltd involved an application by Hansen Yuncken Pty Ltd for approval of the Enterprise Agreement between themselves and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The legal issues before the court centred on whether the enterprise agreement complied with the Fair Work Act 2009, specifically focusing on whether the agreement had been made in good faith, whether it included all necessary minimum terms, and if it was made without coercion, harassment, or undue influence. The court also examined if the agreement met the requirements for the approval process under section 231 of the Fair Work Act.

The Fair Work Commission found that the enterprise agreement was made in good faith and did not involve any form of coercion, harassment, or undue influence. The agreement contained all the minimum terms required by the Fair Work Act and was not inconsistent with any other industrial instrument. The Commission also determined that the process by which the agreement was made complied with the procedural requirements outlined in the Act. As such, the Commission approved the enterprise agreement.

The Fair Work Commission's decision was that the Enterprise Agreement between Hansen Yuncken Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018 was approved and registered under the Fair Work Act 2009. This ruling affirmed the agreement as a valid and binding contract between the parties, ensuring compliance with workplace laws and regulations.

Hansen Yuncken Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established