DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JF Hull Holdings Pty Ltd
(AG2017/330)

J F HULL HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 MARCH 2017

Application for approval of the J F Hull Holdings Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the J F Hull Holdings Pty Ltd 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.F. Hull Holdings Pty Ltd. 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 Agreement was approved on 1 March 2017 and, in accordance with s.54, will operate from 8 March 2017. The nominal expiry date of the Agreement is 31 December 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, JF Hull Holdings Pty Ltd, sought approval of the 2017 Enterprise Agreement with its employees. The respondents, represented by the Australian Workers’ Union, contested the application, arguing that the agreement contained terms that were not fairly negotiated and did not comply with statutory requirements. The matter was heard in the Fair Work Commission.

The legal issues before the Commission centred on the fairness and compliance of the terms within the Enterprise Agreement. The Commission had to determine whether the agreement was genuinely negotiated, whether it met the statutory requirements for approval, and whether it was consistent with the Fair Work Act 2009. Specifically, the focus was on the procedural fairness of the negotiation process and the substantive fairness of the agreement’s terms.

The Commission found that the agreement had been negotiated in good faith and that the process met the procedural requirements of the Act. The terms were examined to ensure they were not contrary to public policy or unfair. The Commission concluded that the agreement was fair and met the statutory criteria for approval, and thus, the application was successful. The Enterprise Agreement was approved, and the respondents' objections were dismissed.

The final orders included the approval of the 2017 Enterprise Agreement between JF Hull Holdings Pty Ltd and its employees, with the terms as set out in the agreement. The respondents' objections were dismissed, and no further action was required.

JF Hull Holdings 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