| [2021] FWCA 5944 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7355)
B & R PILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 23 SEPTEMBER 2021 |
Application for approval of the B & R PILING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the B & R PILING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 30 September 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 5944
- Case
- [2021] FWCA 5944
- Decision Date
CaseChat Overview and Summary
The court was required to determine if the agreement contained the necessary components for approval, including whether it addressed minimum entitlements and promoted simplification and flexibility in the workplace. A significant issue was whether the agreement adequately covered the requirements of modern awards and if it complied with the good faith bargaining provisions. Additionally, the court needed to assess if the agreement was free from any provisions that could undermine the integrity of the workplace relations system.
The Fair Work Commission found that the agreement largely complied with the legislative requirements. It provided for minimum entitlements and included provisions that promoted simplification and flexibility. The agreement was deemed to be the product of good faith bargaining, and it did not contain any terms that could be considered detrimental to the integrity of the workplace relations system. Consequently, the Commission approved the agreement, subject to some minor amendments to address specific concerns regarding certain clauses. These amendments ensured the agreement better aligned with the overarching principles of the Fair Work Act.
The final orders of the Commission included the approval of the agreement with the specified amendments. The Commission mandated that both parties adhere to the terms of the approved agreement and that any future disputes be resolved in accordance with the agreed-upon procedures. The decision underscored the importance of adhering to legislative standards while promoting effective and fair workplace practices within the industry.
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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