DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Hutchinson Pty Ltd T/A Hutchinson Builders
(AG2021/4254)

J HUTCHINSON PTY LTD T/AS HUTCHINSON BUILDERS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 APRIL 2021

Application for approval of the J Hutchinson Pty Ltd T/as Hutchinson Builders and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the J Hutchinson Pty Ltd T/as Hutchinson Builders and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of J Hutchinson Pty Ltd T/A Hutchinson Builders was brought before the Fair Work Commission. The primary parties involved were J Hutchinson Pty Ltd, trading as Hutchinson Builders, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), Victorian Construction and General Division. The dispute centred on the application for approval of the Enterprise Agreement between the company and the union for the period 2020-2023. The union sought to ensure that the agreement upheld fair terms of employment for its members, while the company aimed to maintain business viability and operational flexibility.

The key legal issues the court had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for minimum terms and conditions, ensured no terms were less favourable than the relevant award or registered agreement, and adhered to the procedural requirements for its approval. Additionally, the court considered whether the agreement appropriately balanced the interests of the employees and the employer.

The court found that the agreement met the statutory criteria for approval. The agreement was comprehensive in outlining the terms and conditions of employment, ensuring that no term was less favourable than the relevant award. The court also noted that the agreement contained provisions for good faith bargaining and the resolution of disputes, which were critical components of a fair enterprise agreement. Furthermore, the procedural requirements for approval were met, with the union providing adequate evidence of support from its members. The court concluded that the agreement appropriately balanced the interests of both parties, thereby fulfilling the requirements of the Fair Work Act.

The final orders of the court were to approve the Enterprise Agreement between J Hutchinson Pty Ltd and the CFMEU for the period 2020-2023. This decision was based on the comprehensive nature of the agreement, its compliance with statutory requirements, and the fair balance it struck between the interests of the employer and the employees.

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