| [2021] FWCA 6315 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7748)
PATCHWORX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER LEE | MELBOURNE, 19 OCTOBER 2021 |
Application for approval of the PATCHWORX PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the PATCHWORX PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 26 October 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 6315
- Case
- [2021] FWCA 6315
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved examining whether the proposed enterprise agreement was genuinely a bargaining result between the parties, whether it provided for the proper protection of employee interests, and whether it complied with the provisions of the Fair Work Act. Key points of contention included the agreement's provisions on shift patterns, overtime, and penalty rates, as well as the process by which the agreement was negotiated.
The court found that the enterprise agreement was genuinely a result of bargaining between the parties and provided for the proper protection of employee interests. It was determined that the agreement met the requirements of the Fair Work Act, including the provision of adequate employee protections and compliance with the legislative framework. The court was satisfied that the agreement's provisions on shift patterns, overtime, and penalty rates were reasonable and did not unfairly disadvantage employees. The negotiation process was also found to be fair and transparent, with both parties having an opportunity to participate and express their views.
As a result of the court's findings, the application for approval of the enterprise agreement was successful. The Patchworx Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2020-2023 was approved and will now be binding on the parties involved. The court's decision provides clarity and certainty for the parties and ensures that the agreement meets the necessary legal standards for approval.
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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