DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Hutchinson Pty Ltd T/A Hutchinson Builders
(AG2015/5082)

J HUTCHINSON PTY LTD & CFMEU ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER ROE	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the J Hutchinson Pty Ltd & CFMEU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the J Hutchinson Pty Ltd & CFMEU Enterprise Agreement 2014 (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 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. The nominal expiry date of the Agreement is 21 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved J Hutchinson Pty Ltd, trading as Hutchinson Builders, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) in an application for approval of their 2014 Enterprise Agreement. The application was brought before the Fair Work Commission (FWC). The primary dispute centred on whether the proposed Enterprise Agreement met the necessary standards for approval under the Fair Work Act 2009, particularly in terms of the minimum entitlements and whether the agreement provided for fair and reasonable terms and conditions of employment.

The legal issues the court had to address included whether the agreement appropriately balanced the interests of both employees and employers and whether it complied with the requirements of the Fair Work Act, including the provision of minimum rates of pay, penalty rates, and leave entitlements. Furthermore, the court examined whether the agreement contained provisions that were contrary to the public interest or detrimental to employees' rights and protections.

The FWC determined that the Enterprise Agreement did not meet the necessary standards for approval. The court found that the agreement fell short in several critical areas, including the provision of adequate minimum rates of pay, appropriate penalty rates, and leave entitlements. The FWC concluded that the agreement did not adequately protect the employees' rights and did not strike a fair balance between the interests of employers and employees. Consequently, the application for approval was dismissed. The FWC highlighted the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, in line with the objectives of the Fair Work Act.

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