| [2021] FWCA 7062 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8645)
NORCON SLIPFORMING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE KERB & CHANNEL ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 10 DECEMBER 2021 |
Application for approval of the NORCON SLIPFORMING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the NORCON SLIPFORMING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel 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.
[2] 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.
[3] 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.
[4] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2021] FWCA 7062
- Case
- [2021] FWCA 7062
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed enterprise agreement fulfilled the statutory criteria for approval. The court had to assess whether the agreement satisfied the 'better off overall' test, which requires that the financial and non-financial conditions of the agreement be at least as good as those provided under the applicable Award or General Employment Conditions. Additionally, the court examined whether the agreement met the 'no disbenefit' test, which mandates that the agreement should not adversely affect the employment conditions of any employee.
The court concluded that the proposed agreement met the statutory requirements for approval. The agreement provided for conditions that were at least as good as those under the applicable Award, satisfying the 'better off overall' test. The court also found that the agreement did not result in any adverse employment conditions for the employees, thereby meeting the 'no disbenefit' test. The court further noted that the agreement included provisions that went beyond the minimum standards set by the applicable Award, enhancing the overall conditions for the employees.
The Fair Work Commission approved the NORCON SLIPFORMING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023. The approval was effective from the date of the decision and applied to the relevant employees and employers.
Orders
Orders of the court
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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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