Hindmarsh Construction Australia Pty Ltd T/A Hindmarsh Construction

[2022] FWCA 3618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hindmarsh Construction Australia Pty Ltd T/A Hindmarsh Construction

(AG2022/4108)

Hindmarsh Construction Australia Pty Ltd / CFMEU South Australia Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 OCTOBER 2022

Application for approval of the Hindmarsh Construction Australia Pty Ltd / CFMEU South Australia Enterprise Agreement 2022

Hindmarsh Construction Australia Pty Ltd T/A Hindmarsh Construction has made an application for the approval of an enterprise agreement known as the Hindmarsh Construction Australia Pty Ltd / CFMEU South Australia Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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

The Construction, Forestry, Maritime, Mining and Energy Union (the organisation), 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 organisation is covered by the Agreement.

The Agreement was approved on 17 October 2022 and, in accordance with s 54, will operate from 24 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Enterprise Agreement between Hindmarsh Construction Australia Pty Ltd, trading as Hindmarsh Construction, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) South Australia. The agreement in question was the Hindmarsh Construction Australia Pty Ltd/CFMEU South Australia Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, a body with jurisdiction to oversee and approve enterprise agreements under Australian labour law.

The legal issues before the court centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement had been made in good faith and if it provided for the terms and conditions of employment in a manner that was consistent with the principles of the Act. The court also needed to assess if the agreement had been fairly and genuinely negotiated and if it included necessary provisions for the protection of workers' rights.

The court's reasoning focused on the comprehensive nature of the agreement, examining its provisions to ensure compliance with the legislative criteria for approval. The court found that the agreement had been genuinely negotiated and contained provisions that were consistent with the Act's objectives. The court also concluded that the agreement met the requirements for good faith bargaining and provided adequately for the terms and conditions of employment. Consequently, the court approved the Hindmarsh Construction Australia Pty Ltd/CFMEU South Australia Enterprise Agreement 2022, affirming its compliance with the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established