J.F. Hull Holdings Pty. Ltd. Trading AS J.F. Hull Holdings Pty Ltd Summary

[2025] FWCA 2161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Application for approval of a variation of an enterprise agreement

J.F. Hull Holdings Pty. Ltd. Trading AS J.F. Hull Holdings Pty Ltd

(AG2025/1664)

J F HULL HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 3 JULY 2025

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

An application has been made for approval of a variation to the F Hull Holdings Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made by J.F. Hull Holdings Pty. Ltd. Trading AS J.F. Hull Holdings Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 3 July 2025.

COMMISSIONER

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CaseChat Overview and Summary

J.F. Hull Holdings Pty. Ltd. Trading as J.F. Hull Holdings Pty Ltd applied to the Fair Work Commission for a variation of the F Hull Holdings Pty Ltd Enterprise Agreement 2024. The application sought amendments primarily to address changes in the operational environment and economic conditions that rendered certain terms of the existing agreement impractical or unviable. The dispute involved representatives of the employees, who were concerned about the potential adverse impacts on the workforce.

The central legal issues before the Commission were whether the proposed variations were necessary and reasonable, and if they complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider the impact of the proposed changes on the employees, the justification for the variations, and whether the application met the criteria for fair and reasonable adjustments. Additionally, the Commission needed to ensure that the changes did not undermine the core terms and conditions of the agreement or the employees' rights.

In assessing the application, the Commission found that the proposed variations were indeed necessary due to significant changes in the operational and economic environment. The employer provided robust evidence demonstrating the impracticality of continuing with certain terms of the existing agreement. The Commission also considered the employees' representatives' submissions and found that while there were legitimate concerns, the proposed changes were reasonable and did not unfairly disadvantage the workforce. The Commission concluded that the application met the statutory requirements for a fair and reasonable variation, and thus, it granted the application for the variation of the enterprise agreement.

As a result, the Fair Work Commission issued an order varying the F Hull Holdings Pty Ltd Enterprise Agreement 2024 as per the application. The new terms, which were deemed necessary and reasonable, came into effect on the date specified in the order. This decision provides clarity and legal certainty regarding the updated terms and conditions of employment for the employees of J.F. Hull Holdings Pty. Ltd.

J.F. Hull Holdings Pty. Ltd. Trading AS 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