| [2021] FWCA 7026 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8585)
GB SEAL PTY LTD AS TRUSTEE FOR GB SEAL TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION)
SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 8 DECEMBER 2021 |
Application for approval of the GB SEAL PTY LTD AS TRUSTEE FOR GB SEAL TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the GB SEAL PTY LTD AS TRUSTEE FOR GB SEAL TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 15 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 7026
- Case
- [2021] FWCA 7026
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around whether the agreement complied with the statutory requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, if it facilitated the efficient operation of the workplace, and whether it met the other criteria for approval as outlined in the legislation. The CFMEU argued that the agreement was made in good faith and facilitated the efficient operation of the workplace, while the opposing party raised concerns about the agreement's compliance with the statutory requirements.
In its decision, the Commission found that the agreement was made in good faith and facilitated the efficient operation of the workplace. The Commission also noted that the agreement included provisions that were consistent with the principles of the Fair Work Act, such as provisions for minimum wages and entitlements, and provisions for dispute resolution. The Commission concluded that the agreement met the criteria for approval and granted approval of the enterprise agreement.
As a result of the decision, the GB SEAL PTY LTD AS TRUSTEE FOR GB SEAL TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023 is now approved by the Fair Work Commission and will regulate the terms and conditions of employment for caulking and sealing subcontractors within the specified sectors in Victoria. The approval of the agreement provides certainty and stability for both employers and employees in the industry.
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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