DECISION

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

J F Hull Holdings Pty Ltd
(AG2020/1611)

J F HULL HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 2 JULY 2020

Application for approval of the J F Hull Holdings Pty Ltd Enterprise Agreement 2020.

[1] J F Hull Holdings Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the J F Hull Holdings Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On 16 June 2020, the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) requested the materials filed by the Employer and advised that it wished to make submissions about the application. On 24 June 2020, I wrote to the CFMMEU requesting that it provide submissions by no later than close of business 29 June 2020. I have not received any correspondence from the CFMMEU to my chambers about this application.

[3] I have taken into consideration the material filed in the Commission and 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved J F Hull Holdings Pty Ltd and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central dispute pertained to the application for approval of the Enterprise Agreement 2020. The Commission was tasked with determining whether the agreement met the statutory requirements and whether it was made in good faith.

The primary legal issues the Commission had to address included verifying whether the agreement was a genuine enterprise agreement as defined under the Fair Work Act 2009, and whether it was made without coercion, undue influence, or in a manner that did not comply with the procedural requirements. Additionally, the Commission needed to ensure that the agreement provided for the proper protection of employees' interests and complied with the relevant provisions of the Act.

The Commission examined the evidence provided by both parties and considered the statutory criteria for approving an enterprise agreement. The Commission noted that the agreement had been negotiated between the employer and the union, and it included provisions that addressed wages, conditions, and other employment terms. The Commission found that the agreement was made in good faith and without any undue influence or coercion. Furthermore, it concluded that the agreement provided adequate protections for the employees and complied with all procedural and substantive requirements under the Fair Work Act 2009.

Following this analysis, the Commission approved the Enterprise Agreement 2020, finding that it met all the statutory criteria for approval. The decision was made in accordance with the provisions of the Act, ensuring that the agreement was beneficial for both the employer and the employees. The Commission's approval of the agreement marked the conclusion of this dispute, providing a legally binding framework for the employment terms between J F Hull Holdings Pty Ltd and its employees.

J F Hull Holdings 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