Hudson Civil Pty Ltd Summary

[2014] FWCA 1334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hudson Civil Pty Ltd
(AG2013/12153)

HUDSON CIVIL ENTERPRISE AGREEMENT 2013 - 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 21 FEBRUARY 2014

Application for approval of the Hudson Civil Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Hudson Civil Enterprise Agreement 2013 - 2015 (the Agreement). The application was made by Hudson Civil Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 28 February 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hudson Civil Pty Ltd was a party to an enterprise agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was due for renewal and the parties sought to enter into a new agreement, the Hudson Civil Enterprise Agreement 2013 - 2015. The CFMEU applied to the Fair Work Commission (FWC) for approval of the new agreement, which was opposed by Hudson Civil Pty Ltd. The FWC was required to consider whether the new agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed agreement was a "single interest employer agreement" within the meaning of section 229 of the Act, and therefore eligible for approval. A single interest employer agreement is one that covers all employees of an employer who are in a single class or kind of employment or in a single occupation, trade or industry. Hudson Civil Pty Ltd argued that the proposed agreement did not meet this criterion because the employees covered by the agreement were not in a single class or kind of employment or in a single occupation, trade or industry.

The FWC found that the proposed agreement was a single interest employer agreement. It noted that the employees covered by the agreement were all engaged in the construction industry and that the agreement covered all employees of Hudson Civil Pty Ltd in that industry. The FWC rejected Hudson Civil Pty Ltd's argument that the employees were not in a single class or kind of employment or in a single occupation, trade or industry. It found that the employees were sufficiently homogeneous in their employment to be considered as a single class or kind of employment or in a single occupation, trade or industry. The FWC approved the proposed agreement.

The FWC made an order approving the Hudson Civil Enterprise Agreement 2013 - 2015 as a single interest employer agreement. The order was made on the basis that the agreement met the criteria for approval under section 229 of the Fair Work Act 2009. The order was made in favour of the CFMEU and against Hudson Civil Pty Ltd.

Hudson Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established