| [2021] FWCA 7012 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8557)
J A & SON CO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER LEE | MELBOURNE, 7 DECEMBER 2021 |
Application for approval of the J A & SON CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the J A & SON CO PTY LTD 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.
[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 14 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 7012
- Case
- [2021] FWCA 7012
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the proposed agreement was an "enterprise agreement" as defined by the Fair Work Act, and whether it complied with the procedural and substantive requirements set out in the Act. The court had to assess whether the agreement covered a "single enterprise," if the bargaining process was genuine, and if the terms and conditions provided were fair and reasonable. Additionally, the court needed to determine if any terms contravened the "better off overall test" or other statutory requirements.
The court found that the proposed agreement did meet the criteria for an enterprise agreement under the Fair Work Act. The agreement was considered to cover a single enterprise, and the bargaining process was deemed genuine. The court also found that the terms and conditions, including wages and working conditions, were fair and reasonable. Importantly, the "better off overall test" was satisfied, as the agreement provided for improved terms and conditions for the majority of the employees. Consequently, the court approved the agreement, confirming its compliance with the Act.
The Fair Work Commission approved the J A & SON CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The agreement was set to take effect from the date of the decision and would govern the employment terms and conditions for the specified period. This decision provided clarity and legal certainty for the parties involved, ensuring that the agreement would operate within the legal framework established by the Fair Work Act.
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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