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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CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between J Hutchinson Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, the body responsible for regulating and promoting the development of fair work practices in Australia. The enterprise agreement in question, dated 2017, was aimed at governing the terms and conditions of employment for workers employed by J Hutchinson Pty Ltd.

The legal issues the court needed to address revolved around whether the agreement met the criteria set forth in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was genuinely a product of bargaining between the employer and the union, and whether it provided for the fair treatment of employees. Additionally, the court had to assess if the agreement complied with the provisions of the Fair Work Act, including whether it met the genuine agreement test and the public interest test.

In delivering its decision, the court considered the evidence presented by both parties, which included witness testimonies and documents related to the negotiation process. The court found that the agreement was genuinely the product of genuine bargaining and provided for the fair treatment of employees. It also determined that the agreement complied with all relevant provisions of the Fair Work Act. The court concluded that the agreement satisfied the genuine agreement test, as it was not misleading or deceptive, and the public interest test, as it did not undermine the broader objectives of the Fair Work Act.

The Fair Work Commission approved the J Hutchinson Pty Ltd and CFMEU Enterprise Agreement 2017, making it legally binding on both parties. The agreement now governs the terms and conditions of employment for workers employed by J Hutchinson Pty Ltd, providing a framework for fair work practices and ensuring the rights of both employers and employees are protected.

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