J. F. Hull Holdings Ltd Pty T/A J F Hull Holdings Pty Ltd Summary

[2024] FWCA 1516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

J. F. Hull Holdings Ltd Pty T/A J F Hull Holdings Pty Ltd

(AG2024/1229)

J F HULL HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 23 APRIL 2024

Application for approval of the J F Hull Holdings Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the J F Hull Holdings Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J. F. Hull Holdings Ltd Pty T/A J F Hull Holdings Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The Agreement will commence on 30 April 2024. The nominal expiry date of the Agreement is 30 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved J. F. Hull Holdings Ltd Pty T/A J F Hull Holdings Pty Ltd, which sought approval of the J F Hull Holdings Pty Ltd Enterprise Agreement 2024 before the Fair Work Commission. The application was contested by the Australian Services Union, which raised objections to certain aspects of the proposed agreement. The nature of the dispute centred on the terms and conditions outlined in the enterprise agreement, with the union arguing that some provisions were not fair and reasonable for the employees.

The legal issues before the commission included whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the commission had to determine if the agreement contained terms that were not genuinely negotiated, or if it failed to provide for adequate protections for employees, particularly in terms of pay and conditions. The commission also needed to assess whether the agreement complied with the procedural fairness requirements and if it met the broader objectives of the Act, such as promoting higher wages and better working conditions.

The commission considered the evidence presented by both parties and examined the terms of the proposed agreement. It found that the agreement was genuinely negotiated and contained provisions that were fair and reasonable for the employees. The commission also determined that the agreement did not contravene any provisions of the Fair Work Act and met the statutory requirements for approval. Consequently, the commission approved the enterprise agreement, finding that it would provide for fair and reasonable terms and conditions for the employees, while also meeting the objectives of promoting higher wages and better working conditions.

The final orders included the approval of the J F Hull Holdings Pty Ltd Enterprise Agreement 2024, subject to the terms and conditions outlined in the commission's decision. The union's objections were dismissed, and the agreement was authorised to take effect from the date of the commission's decision.

J. F. Hull Holdings Ltd Pty T/A J F Hull Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established