| [2021] FWCA 5671 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7012)
HICKORY BUILDING SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 14 SEPTEMBER 2021 |
Application for approval of the HICKORY BUILDING SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2020-2023
[1] An application has been made for approval of an enterprise agreement known as the
HICKORY BUILDING SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 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.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 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 5671
- Case
- [2021] FWCA 5671
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the Commission were whether the agreement complied with the statutory requirements for enterprise agreements and if it promoted the principles of enterprise bargaining, including fairness and efficiency. The Commission had to consider the provisions of the agreement in relation to working conditions, wages, and other employment terms. It also needed to determine whether the agreement would result in better outcomes for employees and employers in the sector.
In its decision, the Commission found that the proposed agreement was in line with the statutory requirements and principles of enterprise bargaining. The Commission emphasised that the agreement provided for a fair and efficient workplace, addressing the needs of both employees and employers. It noted that the agreement included provisions for the resolution of disputes, the establishment of a training and development fund, and mechanisms for regular review. The Commission concluded that the agreement would promote harmonious and productive industrial relations in the precast panel sector.
The Fair Work Commission approved the agreement, subject to certain conditions. These included the establishment of a monitoring and reporting mechanism to ensure compliance with the agreement's provisions. The Commission also set a date for the agreement's review to ensure it continued to meet the needs of the industry and its workforce. The final orders of the Commission mandated that the agreement be registered and enforced in accordance with the Fair Work Act.
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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