| [2021] FWCA 6100 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7553)
PROAS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 4 OCTOBER 2021 |
Application for approval of the PROAS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the PROAS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal 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] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
[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 11 October 2021. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2021] FWCA 6100
- Case
- [2021] FWCA 6100
- Decision Date
CaseChat Overview and Summary
The key legal issues that the Commission had to address included whether the agreement was genuinely a product of bargaining between the parties, whether it contained all the prescribed minimum terms and conditions, and whether it adhered to the requirements of the Fair Work Act. Additionally, the Commission needed to ensure that the agreement was fair and reasonable in terms of its impact on employees and employers, and whether it was likely to promote harmonious, productive, and cooperative workplace relations.
The Fair Work Commission, in its decision, meticulously reviewed the proposed agreement against the statutory framework provided by the Fair Work Act. The Commission found that the agreement had been genuinely bargained between the parties and contained all the necessary minimum terms and conditions. It further concluded that the agreement was fair and reasonable, promoting harmonious workplace relations. Given this, the Commission approved the proposed agreement, finding it met all the legal requirements for approval and would facilitate constructive industrial relations between the parties involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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