J Hutchinson Pty Ltd

[2024] FWCA 4106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

J Hutchinson Pty Ltd

(AG2024/4445)

J HUTCHINSON PTY LTD AND CFMEU ENTERPRISE AGREEMENT (TAS) 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 NOVEMBER 2024

Application for approval of the J Hutchinson Pty Ltd and CFMEU Enterprise Agreement (Tas) 2024

J Hutchinson Pty Ltd has made an application for approval of an enterprise agreement known as the J Hutchinson Pty Ltd and CFMEU Enterprise Agreement (Tas) 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 25 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of J Hutchinson Pty Ltd, the Fair Work Commission was asked to consider the application for the approval of the Enterprise Agreement between J Hutchinson Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) in Tasmania for the year 2024. The application was brought by the employer, J Hutchinson Pty Ltd, and the union, CFMEU, under the Fair Work Act 2009. The primary dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, working hours, leave provisions, and other workplace rights and obligations.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act, particularly sections concerning good faith bargaining and the protection of employees' rights. The Commission had to assess if the agreement met the requirements for simplicity, clarity, and accessibility, and whether it provided for minimum rates of pay, entitlements, and other terms and conditions that were no less favourable than the applicable awards or registered agreements. Additionally, the Commission needed to ensure the agreement was made in good faith and did not adversely affect employees’ workplace rights.

In reaching its decision, the Commission carefully reviewed the provisions of the proposed agreement against the statutory requirements. The Commission found that the agreement was made in good faith, and it provided for terms and conditions that were fair and reasonable. The agreement included provisions for minimum rates of pay and conditions that met or exceeded the requirements of the applicable awards. The Commission was satisfied that the agreement was clear, simple, and accessible to employees, and it did not adversely affect the rights of employees under the Fair Work Act. Consequently, the Commission approved the application, determining that the agreement met all the necessary statutory criteria.

The final orders of the Commission included the approval of the Enterprise Agreement between J Hutchinson Pty Ltd and the CFMEU for the year 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions outlined within it would govern the employment of employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established