Hatchman Construction Pty Ltd T/A Hatchman Construction Pty Ltd Summary

[2022] FWCA 50

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hatchman Construction Pty Ltd T/A Hatchman Construction Pty Ltd

(AG2021/8749)

Hatchman Construction Pty Ltd Enterprise Agreement 2022

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 11 JANUARY 2022

Application for approval of the Hatchman Construction Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Hatchman Construction Pty Ltd Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hatchman Construction Pty Ltd T/A Hatchman Construction Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the Hatchman Construction Pty Ltd Enterprise Agreement 2022, which was submitted by Hatchman Construction Pty Ltd, trading as Hatchman Construction Pty Ltd. The application was made under section 233 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the construction workers employed by Hatchman Construction. The primary issue was whether the proposed enterprise agreement adequately covered all necessary matters and provided fair and reasonable terms and conditions for the employees.

The Commission had to determine if the agreement met the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was a "better off overall test" agreement, which means that the agreement must provide employees with terms and conditions that are at least as good as the relevant award or safety net. The Commission also considered whether the agreement included all mandatory provisions and whether it was made in good faith and without coercion. Furthermore, the Commission examined the process through which the agreement was made, ensuring that it complied with the procedural fairness requirements set out in the Act.

The Fair Work Commission found that the Hatchman Construction Pty Ltd Enterprise Agreement 2022 satisfied all the statutory requirements. The agreement provided terms and conditions that met or exceeded the safety net and relevant award. The Commission was satisfied that the agreement was made in good faith and without any coercion. Additionally, the process through which the agreement was negotiated and agreed upon was found to be compliant with the procedural fairness requirements. Therefore, the Commission approved the agreement, and it will now be the governing document for the employment terms and conditions of the workers at Hatchman Construction Pty Ltd.

Hatchman Construction Pty Ltd T/A Hatchman Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established