| [2021] FWCA 5521 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6880)
CRV INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING INSTALLATION ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER LEE | MELBOURNE, 6 SEPTEMBER 2021 |
Application for approval of the CRV INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023.
[1] An application has been made for approval of an enterprise agreement known as the CRV INDUSTRIES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding Installation 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 13 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 5521
- Case
- [2021] FWCA 5521
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the proposed agreement contained all the mandatory terms prescribed by section 235 of the Act, and whether it complied with the good faith bargaining requirements outlined in section 228. The Commission had to determine if the agreement appropriately covered the minimum terms and conditions of employment, and if the bargaining process adhered to the principles of good faith. Additionally, the Commission needed to assess if the agreement provided fair and reasonable terms for both parties and if it met the statutory obligations of the Act.
The Fair Work Commission found that the proposed agreement did indeed satisfy the mandatory terms set out in the Act and complied with the good faith bargaining requirements. The Commission considered the evidence of the bargaining process and concluded that it had been conducted in good faith. The agreement was found to provide fair and reasonable terms for both the employer and the employees, and it was deemed to meet all statutory obligations. Therefore, the Commission approved the proposed agreement, confirming its validity and enforceability.
The final orders of the Commission were that the CRV Industries Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Cladding Installation Enterprise Agreement 2020-2023 be approved as a registered agreement under section 173 of the Fair Work Act 2009. This decision ensures that the terms of the agreement are legally binding on the parties and can be enforced by the Fair Work Commission.
Orders
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Background
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Evidence
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Decision
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