DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hatchman Construction Services Pty Ltd
(AG2018/4740)

HATCHMAN CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Hatchman Construction Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Hatchman Construction Pty Ltd Enterprise Agreement 2018 (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 Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 1 February 2019 and, in accordance with s.54, will operate from 8 February 2019. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hatchman Construction Services Pty Ltd sought approval of the Hatchman Construction Pty Ltd Enterprise Agreement 2018 in the Fair Work Commission. The dispute arose as the company and the Construction, Forestry, Maritime, Mining and Energy Union were unable to reach an agreement on various terms and conditions of employment. The union opposed the application, arguing that certain provisions of the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the commission were whether the provisions of the enterprise agreement complied with the Fair Work Act, including whether the agreement provided for minimum entitlements, and whether it was free from provisions that would have an adverse effect on employees. Additionally, the commission had to determine if the agreement was genuinely negotiated and if it contained adequate dispute resolution mechanisms.

The commission found that the enterprise agreement largely complied with the statutory requirements. It was concluded that the agreement provided for the minimum entitlements as mandated by the Fair Work Act, and did not contain any provisions that would have an adverse effect on employees. The commission also determined that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. Accordingly, the application for approval was granted.

The Fair Work Commission approved the Hatchman Construction Pty Ltd Enterprise Agreement 2018, subject to certain conditions designed to ensure ongoing compliance with the Fair Work Act. The conditions included a requirement for the parties to review the agreement within two years to address any issues that might arise. The union's objections were dismissed, and the agreement was approved in its entirety.

Hatchman Construction Services 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