| [2022] FWCA 1680 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AC Interiors (Aust) Pty Ltd T/A AC Interiors (Aust) Pty Ltd
(AG2022/1432)
AC Interiors (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 23 MAY 2022 |
Application for approval of the AC Interiors (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the AC Interiors (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AC Interiors (Aust) Pty Ltd T/A AC Interiors (Aust) Pty Ltd. The Agreement is a single enterprise agreement.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Construction, Forestry, Maritime, 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- AC Interiors (Aust) Pty Ltd T/A AC Interiors (Aust) Pty Ltd [2022] FWCA 1680
- Case
- [2022] FWCA 1680
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for the fair and efficient resolution of workplace issues, provided for appropriate processes for the making of variations to the agreement, and provided for the resolution of disputes in a fair and timely manner. The Commission also had to determine whether the agreement was made in good faith and without coercion.
In reaching its decision, the Commission considered the submissions of the parties, the evidence presented, and the relevant legal framework. The Commission found that the agreement provided for the fair and efficient resolution of workplace issues, and that it provided for appropriate processes for the making of variations to the agreement and the resolution of disputes. The Commission was satisfied that the agreement was made in good faith and without coercion, and that it met the statutory requirements for approval under the Fair Work Act. The Commission approved the agreement with some minor variations to the penalty rates for certain employees.
The final orders of the Commission were that the AC Interiors (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 be approved with minor variations to the penalty rates for certain employees. The approval is subject to the usual conditions, including the requirement that the agreement be registered with the Fair Work Commission and that it be made available to employees. The parties are bound by the terms of the approved agreement, and any disputes arising under the agreement must be resolved in accordance with its dispute resolution processes.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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