| [2021] FWCA 5866 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7298)
MOITS DEMOLITION PTY LTD / CFMEU COLLECTIVE DEMOLITION AGREEMENT 2019-2023
Building, metal and civil construction industries | |
COMMISSIONER LEE | MELBOURNE, 17 SEPTEMBER 2021 |
Application for approval of the Moits Demolition Pty Ltd / CFMEU Collective Demolition Agreement 2019-2023
[1] An application has been made for approval of a greenfields agreement known as the Moits Demolition Pty Ltd / CFMEU Collective Demolition Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).
[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.
[4] 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 31 December 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2021] FWCA 5866
- Case
- [2021] FWCA 5866
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including provisions relating to the scope of bargaining, the process for agreement, and the content of the agreement. The CFMEU argued that the agreement was a genuine enterprise agreement, while Moits Demolition Pty Ltd did not dispute the genuineness of the agreement but raised concerns about specific clauses within the agreement.
The Fair Work Commission found that the agreement met the legislative requirements and approved the agreement. The Commission noted that the agreement had been negotiated in good faith and covered a range of matters appropriate for enterprise-level bargaining. The Commission also found that the process for agreement had been followed, and that the content of the agreement was not contrary to public policy or inconsistent with the Fair Work Act. The Commission made some minor amendments to the agreement, but these did not affect the overall approval of the agreement.
The Fair Work Commission approved the Moits Demolition Pty Ltd / CFMEU Collective Demolition Agreement 2019-2023, with minor amendments. The Commission found that the agreement met the requirements of the Fair Work Act and was a genuine enterprise agreement. The Commission noted that the agreement had been negotiated in good faith and covered appropriate matters for enterprise-level bargaining. The Commission also found that the process for agreement had been followed, and that the content of the agreement was not contrary to public policy or inconsistent with the Fair Work Act.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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