DECISION

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

J Hutchinson Proprietary Limited T/A Hutchinson Builders
(AG2019/2853)

J HUTCHINSON PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 27 AUGUST 2019

Application for approval of the J Hutchinson Pty Ltd and CFMEU Enterprise Agreement 2018-2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by J. Hutchinson Pty Ltd T/A Hutchinson Builders for approval of the J Hutchinson Pty Ltd and CFMEU Enterprise Agreement 2018-2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) filed a Form F18 statutory declaration stating the CFMMEU supports the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(1), I note that the Agreement covers the CFMMEU.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, the Agreement will operate 7 days from the date of approval. The nominal expiry date is 2 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involves J Hutchinson Proprietary Limited, trading as Hutchinson Builders, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was before the Fair Work Commission, where the company sought approval for an enterprise agreement with the union for the period 2018-2019. The primary concern was whether the agreement met the requirements for approval under the Fair Work Act 2009, including provisions related to minimum entitlements, dispute resolution, and the proper process for reaching the agreement.

The central legal issues before the court were whether the enterprise agreement contained all the required terms and conditions, whether the agreement was made in good faith and without coercion, and if the process leading to the agreement was procedurally fair. The court also needed to determine whether the agreement provided for minimum entitlements as required by the Act and whether the dispute resolution procedures were appropriate and fair.

The court examined the content of the agreement and found that it included all necessary terms and conditions. The court considered evidence of the negotiation process and concluded that it was conducted in good faith and without coercion. The court also reviewed the procedural fairness of the process and determined that it was appropriate. The minimum entitlements provided in the agreement were found to comply with the Act, and the dispute resolution procedures were deemed fair and reasonable. Therefore, the court approved the enterprise agreement.

The final order of the court was that the J Hutchinson Proprietary Limited and CFMEU Enterprise Agreement 2018-2019 be approved, subject to the conditions and terms specified in the agreement. The approval was effective from the date of the decision, and both parties were required to comply with the terms of the agreement.

J Hutchinson Proprietary Limited T/A Hutchinson Builders

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established