DECISION

Fair Work Act 2009
s.210—Enterprise agreement

J Hutchinson Pty Ltd T/A Hutchinson Builders Pty Ltd
(AG2018/765)

J HUTCHINSON PTY LTD T/AS HUTCHINSON BUILDERS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2018

Application for variation of the J Hutchinson Pty Ltd T/as Hutchinson Builders and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of a variation to the J Hutchinson Pty Ltd T/as Hutchinson Builders and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made by J Hutchinson Pty Ltd T/A Hutchinson Builders Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 9 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for variation of the Enterprise Agreement between J Hutchinson Pty Ltd trading as Hutchinson Builders and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The application was heard by the Fair Work Commission. The nature of the dispute was centred around changes proposed by the employer to the existing enterprise agreement, which the union contested on behalf of the employees.

The primary legal issue before the Commission was whether the proposed changes to the Enterprise Agreement were justifiable under the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the changes were necessary to address a significant change in circumstances, as required by section 228 of the Act. The union argued that the proposed changes did not meet the threshold for a significant change in circumstances, while the employer contended that the changes were necessary to maintain the business's viability and competitiveness.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the proposed changes did not constitute a significant change in circumstances. The Commission emphasised that the employer had not provided sufficient evidence to demonstrate that the changes were necessary to address an unforeseen or significant alteration in the business environment that would render the existing agreement unworkable. Consequently, the Commission dismissed the application for variation of the Enterprise Agreement. The Commission also noted the importance of maintaining industrial harmony and the role of enterprise agreements in providing a stable framework for employment relations.

J Hutchinson Pty Ltd T/A Hutchinson Builders Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established