| [2021] FWCA 7305 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8899)
AK COMMERCIAL CONSTRUCTION (ACT) PTY LTD T/AS TILTON INTERIORS AND CFMEU ACT FINISHING AND FACADE TRADES ENTERPRISE AGREEMENT 2021
Building, metal and civil construction industries | |
COMMISSIONER MIRABELLA | MELBOURNE, 24 DECEMBER 2021 |
Application for approval of the AK Commercial Construction (ACT) Pty Ltd t/as Tilton Interiors and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021.
[1] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMEU) has made an application for approval of an enterprise agreement known as the AK Commercial Construction (ACT) Pty Ltd t/as Tilton Interiors and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.
[3] 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. In accordance with s. 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.
[4] The Agreement was approved on 24 December 2021 and, in accordance with s. 54, will operate from 31 December 2021. The nominal expiry date of the Agreement is 1 August 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE514461 PR737159>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2021] FWCA 7305
- Case
- [2021] FWCA 7305
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the agreement satisfied the statutory requirements for registration under the Fair Work Act. This required the commission to assess the agreement against criteria such as whether it was in writing, made by an authorised bargaining representative, and did not contain prohibited content. The commission considered the agreement's compliance with these criteria, as well as the procedural fairness of the bargaining process.
The commission found that the agreement was in writing, made by an authorised bargaining representative, and did not contain any prohibited content. It also found that the bargaining process was procedurally fair, with both parties having the opportunity to negotiate and reach an agreement. The commission concluded that the agreement met all the necessary criteria for registration and approved it accordingly.
The Fair Work Commission approved the AK Commercial Construction (ACT) Pty Ltd t/as Tilton Interiors and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021, registering it under the Fair Work Act. The decision was made on the basis that the agreement met all statutory requirements for registration, including being in writing, made by an authorised bargaining representative, and free from prohibited content. Additionally, the commission found that the bargaining process was procedurally fair, with both parties having the opportunity to negotiate and reach an agreement. The approval of the agreement ensures that it will be legally binding on the parties and enforceable under the Fair Work Act.
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.