DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Hutchinson Pty Ltd T/A Hutchinson Builders
(AG2021/4871)

J. HUTCHINSON PTY. LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 MAY 2021

Application for approval of the J. Hutchinson Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the J. Hutchinson Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 T/A Hutchinson Builders. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

J Hutchinson Pty Ltd, trading as Hutchinson Builders, applied for approval of their collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The application was heard in the Fair Work Commission. The primary legal issue the Court had to address was whether the collective agreement met the statutory requirements under the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary good faith provisions, was free from prohibited content, and complied with the other legislative standards set for such agreements.

The Court examined the agreement clause by clause to determine if it adhered to the mandatory good faith obligations, which include provisions for cooperative bargaining and the avoidance of unnecessary disputes. The Court also considered if any of the terms in the agreement contravened the provisions that aim to protect employees' rights and interests. The agreement was found to be comprehensive and compliant with the legislative requirements. The Court concluded that the agreement was fair and balanced, providing adequate protections for both employers and employees while facilitating a productive working relationship.

The Court approved the collective agreement, noting that it met all the necessary criteria under the Fair Work Act. The decision confirmed that the agreement was fair and appropriate for the parties involved, and it would serve as a binding framework for employment conditions over the specified period. This approval ensures that both the employer and the union can operate within a clear and legally compliant set of terms, supporting the ongoing relationship between J Hutchinson Pty Ltd and the CFMEU.

J Hutchinson Pty Ltd 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