J Hutchinson Pty Ltd T/A Hutchinson Builders

[2013] FWCA 457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Hutchinson Pty Ltd T/A Hutchinson Builders
(AG2013/4431)

J HUTCHINSON PTY LTD / CFMEU COLLECTIVE AGREEMENT TASMANIA 2012

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 18 JANUARY 2013

Application for approval of the J Hutchinson Pty Ltd / CFMEU Collective Agreement Tasmania 2012.

[1] An application has been made for approval of an enterprise agreement known as the J Hutchinson Pty Ltd / CFMEU Collective Agreement Tasmania 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 25 January 2013. The nominal expiry date of the Agreement is 14 February 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hutchinson Builders, trading as J Hutchinson Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for Tasmania, effective from 2012. The application centred on the terms and conditions of employment, particularly those related to pay rates, working hours, and dispute resolution mechanisms, which were being negotiated between the employer and the union on behalf of the employees. The matter was brought before the Fair Work Commission, the primary body responsible for regulating and enforcing workplace laws in Australia.

The legal issues before the Commission involved the interpretation and compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the statutory requirements for 'better off overall and in the round', ensuring that employees would not be worse off under the new agreement compared to their previous conditions. Furthermore, the Commission examined whether the agreement adhered to the principles of good faith bargaining and whether it contained any terms that might be considered unreasonable or discriminatory.

The Commission, after reviewing the submissions from both parties, found that the proposed agreement was in compliance with the statutory requirements. The agreement provided employees with improved conditions, including pay rates and working hours, which were deemed to be better overall. The Commission also determined that the bargaining process had been conducted in good faith and that the terms of the agreement were fair and reasonable. Therefore, the Commission approved the application for the collective agreement to be registered, ensuring that the terms would be legally binding for the relevant employees in Tasmania.

The Fair Work Commission's decision was based on a thorough analysis of the evidence presented and the applicable legal framework. By approving the application, the Commission affirmed that the proposed collective agreement was in the best interests of the employees and complied with the necessary legal standards. This decision provides clarity and certainty for both the employer and the union regarding the terms and conditions of employment going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established