DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hunter Buildings Pty Ltd
(AG2018/6329)

HUNTER BUILDINGS PTY LTD ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 28 MAY 2019

Application for approval of the Hunter Buildings Pty Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Buildings Pty Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Buildings Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 20 May 2019, which included further material in support of the application together with Undertakings made by and duly signed by the Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2019. The nominal expiry date of the Agreement is 4 June 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hunter Buildings Pty Ltd applied for approval of an enterprise agreement, which was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Fair Work Commission. The central legal issue was whether the enterprise agreement was made in accordance with the requirements of the Fair Work Act 2009. Specifically, the dispute centred around the procedure followed during the negotiation and the validity of the agreement. The union argued that the agreement did not meet the statutory requirements for genuine agreement and proper disclosure.

The Commission considered the procedural fairness of the negotiation process and whether the union had adequately represented its members. It was found that the process followed was procedurally fair, and that the union had provided sufficient representation to its members. Furthermore, the Commission examined the terms of the agreement and concluded that they did not contravene any provisions of the Act. It was determined that the agreement was made in good faith and was not materially defective.

As a result, the Fair Work Commission approved the Hunter Buildings Pty Ltd Enterprise Agreement 2018-2021. The union's objections were dismissed, and the agreement was deemed to be valid and binding. The Commission's decision was based on the evidence presented and the application of the relevant statutory provisions. The outcome ensured that the enterprise agreement would govern the employment terms and conditions of the relevant employees for the specified period.

Hunter Buildings 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