DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lobethal Nominees Pty Ltd ATF The Hughes Construction Trust T/A GE Hughes Construction Co
(AG2017/1343)

GE HUGHES CONSTRUCTION CO BUILDING AND CONSTRUCTION WORKERS AND TRANSPORT WORKERS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 MAY 2017

Application for approval of the GE Hughes Construction Co Building and Construction Workers and Transport Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GE Hughes Construction Co Building and Construction Workers and Transport Workers 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 Lobethal Nominees Pty Ltd ATF The Hughes Construction Trust T/A GE Hughes Construction Co. 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2017. The nominal expiry date of the Agreement is 9 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lobethal Nominees Pty Ltd, trading as GE Hughes Construction Co, applied for the approval of the GE Hughes Construction Co Building and Construction Workers and Transport Workers Enterprise Agreement 2017 before the Fair Work Commission. The application was contested by the Transport Workers Union of Australia. The dispute centred around the terms and conditions of the proposed enterprise agreement, specifically those affecting the classification and remuneration of workers, working hours, and other employment-related matters. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the enterprise agreement provided fair and reasonable terms and conditions, if it complied with the provisions of the Fair Work Act, and if it adhered to the requirements of the Fair Work (Registered Organisations) Act 2009. The Commission had to examine the agreement's provisions concerning the classification of workers, their remuneration, working hours, and other employment-related matters to ascertain if they were fair and reasonable. The Commission also had to consider whether the agreement met the criteria for approval under the Fair Work Act and the Fair Work (Registered Organisations) Act.

The Fair Work Commission found that the proposed enterprise agreement did not meet the criteria for approval as it contained terms and conditions that were not fair and reasonable. The Commission was particularly concerned with the classification of workers and the remuneration provided. The Commission concluded that the agreement did not comply with the legal requirements for approval and dismissed the application. The Commission made it clear that the agreement needed to be revised to meet the statutory criteria before it could be approved. The decision was based on the evidence presented and the application of the relevant legal principles to the facts of the case.

The Fair Work Commission dismissed the application for the approval of the GE Hughes Construction Co Building and Construction Workers and Transport Workers Enterprise Agreement 2017. The Commission found that the agreement did not meet the criteria for approval under the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission directed the parties to revise the agreement to address the issues raised and to resubmit it for consideration. The decision was binding on the parties and had the effect of preventing the proposed enterprise agreement from taking effect until it had been revised and approved by the Commission.

Lobethal Nominees Pty Ltd ATF The Hughes Construction Trust T/A GE Hughes Construction Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established