| [2024] FWCA 1130 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/890)
DOMENICO AND EDWINA CARCHEDI FAMILY TRUST TRADING AS DC&S EARTHMOVING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 2 APRIL 2024 |
Application for approval of the DOMENICO AND EDWINA CARCHEDI FAMILY TRUST TRADING AS DC&S EARTHMOVING and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the DOMENICO AND EDWINA CARCHEDI FAMILY TRUST TRADING AS DC&S EARTHMOVING and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 the Construction, Forestry and Maritime Employees Union. 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 and Maritime Employees 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 9 April 2024. The nominal expiry date of the Agreement is 30 April 2024.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 1130
- Case
- [2024] FWCA 1130
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the procedural fairness and the proper conduct of the negotiations. The court had to ensure that the agreement was made in good faith and that the process was fair and transparent. Additionally, the court examined whether the agreement provided for the appropriate terms and conditions of employment, including wages and other benefits.
The court found that the agreement was negotiated in good faith and that the process adhered to the principles of procedural fairness. The court noted that there was evidence of robust negotiations between the parties, and that the agreement reflected a balanced consideration of the interests of both employers and employees. The terms of the agreement were also found to be fair and reasonable, providing adequate protections and benefits for the employees. As a result, the court approved the agreement, finding that it met all the necessary statutory requirements.
The Fair Work Commission approved the Domenico and Edwina Carchedi Family Trust Trading as DC&S Earthmoving and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. This decision will now serve as the governing agreement for the terms and conditions of employment within the specified industry and enterprise.
Orders
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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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