| [2021] FWCA 5044 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6540)
DPM PRECISION PLUMBING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING AND SEALING ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 16 AUGUST 2021 |
Application for approval of the DPM PRECISION PLUMBING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023.
[1] An application has been made for approval of an enterprise agreement known as the DPM PRECISION PLUMBING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 23 August 2021. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE512753 PR732859>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2021] FWCA 5044
- Case
- [2021] FWCA 5044
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement covered a defined group of employees, provided for appropriate pay and conditions, and included necessary dispute resolution mechanisms. The Commission also needed to consider whether the agreement was made in good faith and if it met the procedural requirements for approval, including any objections raised by the parties involved.
The Commission found that the agreement met the necessary criteria for approval. It was determined that the agreement was made in good faith and covered a defined group of employees. The terms and conditions outlined in the agreement were considered fair and reasonable, and the dispute resolution mechanisms were deemed adequate. The Commission addressed the objections raised by the parties and concluded that the agreement complied with all legal requirements. As a result, the Fair Work Commission approved the DPM Precision Plumbing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023.
The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to govern the employment terms and conditions for the specified group of employees between the employer and the union. The Commission's decision provided clarity and certainty regarding the approved terms, ensuring compliance with the Fair Work Act.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.