| [2021] FWCA 5867 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7295)
AUSTRALIAN PUMPING PLANT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 17 SEPTEMBER 2021 |
Application for approval of the AUSTRALIAN PUMPING PLANT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the AUSTRALIAN PUMPING PLANT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 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 5867
- Case
- [2021] FWCA 5867
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Fair Work Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was in the public interest, free from coercion, and appropriately balanced the interests of both employers and employees. The Commission also needed to determine whether the agreement provided adequate protections and benefits to the employees while maintaining a fair and reasonable framework for the employer.
In its decision, the Fair Work Commission found that the proposed agreement did meet the statutory requirements for approval. The Commission acknowledged the balance achieved between the parties and concluded that the agreement was in the public interest. It was deemed to be free from any coercive conduct and provided fair and reasonable terms for both the employees and the employer. The Commission noted the importance of the agreement in setting standards for concrete pumping subcontractors in Victoria, and found that the provisions were not only fair but also necessary to protect the rights and interests of the workforce in this sector.
The Fair Work Commission approved the Australian Pumping Plant Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023. The decision was made effective from the date of the Commission's determination, ensuring that the terms of the agreement would govern the employment conditions of the employees for the specified period.
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Background
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Evidence
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Decision
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