| [2022] FWCA 791 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/486)
FDC CONSTRUCTION & FITOUT (VIC) PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | SYDNEY, 8 MARCH 2022 |
Application for approval of the FDC CONSTRUCTION & FITOUT (VIC) PTY LIMITED 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 FDC CONSTRUCTION & FITOUT (VIC) PTY LIMITED 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 the Construction, Forestry, Maritime, Mining and Energy 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, 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 15 March 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 791
- Case
- [2022] FWCA 791
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the union had the requisite authority to apply for approval of the enterprise agreement. Specifically, the respondent challenged the union's standing, questioning whether it represented the employees sufficiently to warrant approval of the agreement. The Commission needed to determine if the union had the authority to seek such approval on behalf of the employees.
The Fair Work Commission held that the union did indeed have the requisite authority to apply for approval of the enterprise agreement. The Commission found that the union's application was in line with the requirements set forth in the Fair Work Act 2009, and that it represented the employees adequately. The Commission rejected the respondent's argument that the union lacked the necessary authority, concluding that the union's application was valid. Consequently, the Commission approved the enterprise agreement.
The Fair Work Commission approved the FDC Construction & Fitout (Vic) Pty Limited and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, dismissing the respondent's objections. The Commission found that the union had the authority to apply for approval of the agreement and that it represented the employees adequately. The decision reinforced the union's standing to act on behalf of the employees and facilitated the effective implementation of the approved enterprise 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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