J. Hutchinson Pty. Ltd.

[2024] FWCA 3315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

J. Hutchinson Pty. Ltd.

(AG2024/3151)

J HUTCHINSON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 19 SEPTEMBER 2024

Application for approval of the J Hutchinson Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the J Hutchinson Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027 (Agreement). The application was made by J. Hutchinson Pty. Ltd. (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have 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. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

J. Hutchinson Pty. Ltd. was the applicant seeking approval for the enterprise agreement with the CFMEU (Victorian Construction and General Division) for the period 2024-2027. The application was lodged in the Fair Work Commission. The nature of the dispute involved the procedural and substantive validity of the proposed agreement, ensuring it complied with the Fair Work Act 2009 and met the necessary requirements for registration and enforcement.

The court had to address several legal issues, including whether the agreement was genuinely negotiated, whether it complied with the good faith bargaining requirements, and whether it contained mandatory terms as per the Fair Work Act. Additionally, the court examined if the agreement provided fair and reasonable terms and conditions for the employees, including any provisions relating to wages, hours, and other employment conditions.

The Fair Work Commission, after thorough examination, determined that the proposed enterprise agreement was genuinely negotiated and met all legal requirements. The court found that the agreement was made in good faith and contained the necessary mandatory terms. It also concluded that the agreement provided fair and reasonable terms for the employees, striking a balance between the interests of the employer and the employees. As such, the court approved the agreement for registration and enforcement.

The final orders of the court were that the enterprise agreement between J. Hutchinson Pty. Ltd. and the CFMEU (Victorian Construction and General Division) for the period 2024-2027 be approved and registered. The agreement was to be enforceable from the date of the decision, ensuring that all terms and conditions outlined within were binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established