| [2021] FWCA 6725 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8228)
COMCRAFT CONSTRUCTIONS PTY LTD AS TRUSTEE FOR COMCRAFT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 17 NOVEMBER 2021 |
Application for approval of the COMCRAFT CONSTRUCTIONS PTY LTD AS TRUSTEE FOR COMCRAFT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the COMCRAFT CONSTRUCTIONS PTY LTD AS TRUSTEE FOR COMCRAFT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 24 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 6725
- Case
- [2021] FWCA 6725
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission needed to address were whether the agreement contained all the mandatory terms and conditions as required by the Act, and whether the agreement was made in good faith and covered a range of employees and employers as permitted by the legislation. Additionally, the Commission had to assess if the agreement complied with the requirements for fair and reasonable terms, considering the interests of both employers and employees.
The Commission found that the agreement contained all the necessary mandatory terms and was made in good faith. It also concluded that the agreement covered the appropriate scope of employers and employees as allowed by the Act. The terms of the agreement were deemed fair and reasonable, balancing the interests of both parties. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements.
The Fair Work Commission approved the COMCRAFT CONSTRUCTIONS PTY LTD AS TRUSTEE FOR COMCRAFT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023, effective from the date of approval. This decision was made based on the agreement meeting all the necessary legal standards and requirements under the Fair Work Act 2009.
Orders
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Background
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Evidence
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