| [2022] FWCA 663 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/347)
OZCHUTES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | SYDNEY, 24 FEBRUARY 2022 |
Application for approval of the OZCHUTES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the OZCHUTES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 3 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 663
- Case
- [2022] FWCA 663
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court had to resolve were whether the enterprise agreement complied with the Fair Work Act 2009, including whether it adhered to the requirements for good faith bargaining, covered the appropriate bargaining scope, and included the mandated minimum terms and conditions of employment. The court also needed to determine if the agreement was made without any coercion or undue influence, and if it provided for fair and effective dispute resolution mechanisms.
The Fair Work Commission assessed the application and found that the proposed agreement met all the statutory requirements. The agreement was deemed to have been made in good faith, covered the appropriate scope, and included the mandated minimum terms. The Commission was satisfied that there was no evidence of coercion or undue influence in the process of reaching the agreement. Furthermore, the agreement contained provisions for dispute resolution that were deemed to be fair and effective. Consequently, the Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act.
The Fair Work Commission ordered the approval of the OZCHUTES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, effective from the date of the decision. This decision was based on the findings that the agreement was made in good faith, covered the correct bargaining scope, included the required minimum terms, and provided for fair and effective dispute resolution mechanisms.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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