| [2021] FWCA 4795 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6389)
VERTITECH SOUTHERN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
COMMISSIONER JOHNS | SYDNEY, 5 AUGUST 2021 |
Application for approval of the VERTITECH SOUTHERN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023.
[1] An application has been made for approval of an enterprise agreement known as the VERTITECH SOUTHERN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 12 August 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 4795
- Case
- [2021] FWCA 4795
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court included the conformity of the enterprise agreement with the statutory requirements set forth in the Fair Work Act, the fairness and reasonableness of the proposed terms, and the procedural fairness in the negotiation and drafting of the agreement. The court was required to consider whether the agreement met the "better off overall test," ensuring that employees would not be worse off financially compared to their previous conditions, and whether the agreement adhered to the procedural fairness principles as outlined in the Act.
In delivering its decision, the court meticulously examined the provisions of the proposed agreement, weighing them against the statutory benchmarks. It found that the agreement largely adhered to the requirements of the Fair Work Act, providing fair and reasonable terms for the employees. The court acknowledged the efforts made by both parties in reaching the agreement and noted the comprehensive nature of the negotiation process. The court determined that the agreement was beneficial to the employees and was procedurally fair, thereby granting the application for approval.
The final orders of the court approved the VERTITECH SOUTHERN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions for the specified period until 2023.
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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