| [2024] FWCA 600 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/214)
PREMIER FORMWORK & LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 15 FEBRUARY 2024 |
Application for approval of the PREMIER FORMWORK & LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the PREMIER FORMWORK & LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 22 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 600
- Case
- [2024] FWCA 600
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement had been made in accordance with the mandatory procedural requirements of the Fair Work Act, and whether the terms of the agreement met the minimum safety net entitlements as prescribed by the Act. The Commission had to determine if the union and the employer had followed the necessary steps to ensure the agreement was made fairly and if the agreement provided for minimum wages and conditions that were not less favourable than those set by the relevant awards.
In its decision, the Fair Work Commission found that the agreement had been made following the correct procedural steps and that it provided for terms and conditions that met or exceeded the safety net entitlements. The Commission was satisfied that the union had taken all reasonable steps to ensure that the agreement was made in a fair manner and that all relevant parties had been given the opportunity to be involved in the negotiations. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act and was fair and reasonable in all respects.
The Commission issued an order approving the PREMIER FORMWORK & LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The agreement was to be registered and would apply from the date of the decision, providing a framework for the employment terms and conditions for the specified period.
Orders
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Background
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