| [2024] FWCA 3928 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4291)
METRO PRO INSTALL PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 12 NOVEMBER 2024 |
Application for approval of the Metro Pro Install Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027
The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Metro Pro Install Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.
The Agreement was approved on 12 November 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526711 PR781130>
- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 3928
- Case
- [2024] FWCA 3928
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court revolved around whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement contained the essential elements required by the legislation, including the protection of employees' rights and entitlements. It was also necessary to assess whether the agreement was made in good faith and without coercion, as required by the Act. Furthermore, the court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment.
The Fair Work Commission, in its decision, found that the agreement was fair and reasonable. The Commission emphasised that the agreement provided for a comprehensive set of terms and conditions that protected the rights and entitlements of employees. It noted that the agreement included provisions for fair wages, reasonable working hours, and provisions for the resolution of disputes. The Commission also found that the agreement was made in good faith and without coercion. Consequently, the Commission approved the agreement, finding that it met all the requirements of the Fair Work Act.
The Commission's final order was the approval of the Metro Pro Install Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The agreement was to be registered under the Fair Work Act, and the terms and conditions it contained would apply to the employees covered by the agreement. This decision ensures that the employees of Metro Pro Install Pty. Ltd. would benefit from the negotiated terms and conditions, providing them with fair and reasonable employment terms.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.