J Hutchinson Pty Ltd T/A Hutchinson Builders

[2018] FWCA 2743

[2018] FWCA 2743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Hutchinson Pty Ltd T/A Hutchinson Builders
(AG2018/402)

APPLICATION FOR APPROVAL OF THE J HUTCHINSON PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MAY 2018

Application for approval of the J Hutchinson Pty Ltd and CFMEU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the J HUTCHINSON PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2017 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, 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 was approved on 16 May 2018 and, in accordance with s.54, will operate from 23 May 2018. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

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