| [2024] FWCA 669 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/261)
A.W. NICHOLSON PTY LTD TRADING AS NICHOLSON CONSTRUCTION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 21 FEBRUARY 2024 |
Application for approval of the A.W. NICHOLSON PTY LTD TRADING AS NICHOLSON CONSTRUCTION and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the A.W. NICHOLSON PTY LTD TRADING AS NICHOLSON CONSTRUCTION and the CFMEU (Victorian Construction and General Division) Builder 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 28 February 2024. The nominal expiry date of the Agreement is 29 February 2024.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 669
- Case
- [2024] FWCA 669
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide included whether the agreement provided for a fair and efficient workplace, whether it adhered to the principles of the Fair Work Act, and whether it was appropriately negotiated. Additionally, the court had to determine if the agreement met the criteria for good faith bargaining, whether it provided adequate protections for employees, and if it included provisions for resolving disputes fairly and efficiently.
The court considered the submissions from both parties and examined the terms of the proposed agreement in detail. It was determined that the agreement was negotiated in good faith and provided for fair and efficient workplaces. The court found that the agreement met the necessary criteria for approval, including providing adequate protections for employees and including mechanisms for resolving disputes. The court concluded that the agreement complied with the requirements of the Fair Work Act, and thus approved the application for the agreement to be registered.
As a result of the court's decision, the Builder Enterprise Agreement 2020-2023 between A.W. Nicholson Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) has been approved and registered with the Fair Work Commission. This decision ensures that the terms of the agreement will be legally binding and enforceable, providing a framework for fair and efficient workplace practices for the duration of the agreement.
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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