| [2021] FWCA 6744 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8252)
AUS TRUESTYLE PTY LTD AS TRUSTEE FOR AUS TRUESTYLE TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 18 NOVEMBER 2021 |
Application for approval of the AUS TRUESTYLE PTY LTD AS TRUSTEE FOR AUS TRUESTYLE TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the AUS TRUESTYLE PTY LTD AS TRUSTEE FOR AUS TRUESTYLE TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 25 November 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 6744
- Case
- [2021] FWCA 6744
- Decision Date
CaseChat Overview and Summary
The central legal issues that the court had to decide involved whether the enterprise agreement met the requirements set forth in the Fair Work Act 2009, particularly in terms of its compliance with the provisions that govern the bargaining and making of such agreements. The court was tasked with examining if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was fairly and appropriately negotiated.
In reaching its decision, the Fair Work Commission considered various submissions and evidence provided by the parties. It examined the negotiation process and the content of the agreement to ensure that it complied with the statutory requirements. The Commission concluded that the agreement was indeed made in good faith and contained all the necessary minimum terms and conditions. It was satisfied that the agreement was fairly negotiated and therefore approved the AUS TRUESTYLE PTY LTD AS TRUSTEE FOR AUS TRUESTYLE TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.
The final orders of the Fair Work Commission were to approve the enterprise agreement, ensuring that it would come into effect on the date of the approval and would remain in force until the earlier of 31 December 2023 or such other date as may be determined by a further agreement between the parties or by the Fair Work Commission.
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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