J Hutchinson Pty Ltd Summary

[2023] FWCA 2891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

J Hutchinson Pty Ltd

(AG2023/2971)

J HUTCHINSON PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 8 SEPTEMBER 2023

Application for approval of the J Hutchinson Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the J Hutchinson Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J Hutchinson Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, J Hutchinson Pty Ltd, a mining company, applied for approval of the Collective Agreement 2023-2027 between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the procedural and substantive fairness of the agreement, including whether it complied with the relevant statutory provisions under the Fair Work Act 2009. The Fair Work Commission examined the agreement's compliance with the legal framework, including provisions related to good faith bargaining, procedural fairness, and the avoidance of protected industrial action.

The legal issues that the Commission was required to decide included whether the agreement was the product of genuine and meaningful negotiations between the parties, whether the agreement complied with the mandatory provisions of the Fair Work Act, and whether the agreement met the criteria for being free from protected industrial action. The Commission also had to determine if the agreement was in the best interests of the employees and the company, considering the economic and operational implications of the terms and conditions set out in the agreement.

After reviewing the submissions and evidence provided by both parties, the Fair Work Commission concluded that the agreement was the product of genuine and meaningful negotiations, and it complied with the mandatory provisions of the Fair Work Act. The Commission found that the agreement met the criteria for being free from protected industrial action and was in the best interests of the employees and the company. The Commission approved the agreement, emphasising the importance of maintaining a cooperative and collaborative relationship between the parties.

The final orders of the Commission included the approval of the Collective Agreement 2023-2027 between J Hutchinson Pty Ltd and the CFMEU, effective from the date of the decision. The Commission also ordered that the agreement be registered with the Fair Work Commission and that the parties comply with the terms and conditions of the agreement.

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