J Hutchinson Pty Ltd Summary

[2024] FWCA 3388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

J Hutchinson Pty Ltd

(AG2024/3139)

J HUTCHINSON PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the J Hutchinson Pty Ltd / CFMEU Collective Agreement 2024-2027

J Hutchinson Pty Ltd has made an application for approval of an enterprise agreement known as the J Hutchinson Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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, 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 26 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

J Hutchinson Pty Ltd applied to the Fair Work Commission for the approval of a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The proposed agreement, spanning from 2024 to 2027, sought to regulate the terms and conditions of employment for employees working under the agreement. The matter was heard in the Fair Work Commission, where the primary focus was on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues centred around whether the proposed agreement satisfied the requirements for approval under the Fair Work Act, specifically sections concerning the registration of agreements and the avoidance of unprotected industrial action. Key concerns included the extent to which the agreement provided for minimum terms and conditions, the bargaining power of the parties, and whether the agreement would result in industrial action that could not be legally protected. Additionally, the court had to consider whether the agreement provided for an effective mechanism for dispute resolution.

The Commission, in its decision, examined the proposed agreement in detail, assessing its compliance with statutory requirements. It found that the agreement adequately addressed the minimum terms and conditions stipulated by the Fair Work Act, ensuring that employees would receive fair treatment. The Commission also considered the balance of bargaining power between the parties, noting that the employer had made reasonable concessions to address the union’s concerns. Furthermore, the Commission concluded that the agreement included provisions that would prevent unprotected industrial action, thereby maintaining industrial peace. On these grounds, the Commission approved the proposed agreement, finding it to be in the best interests of the employees involved.

J Hutchinson Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established