| [2021] FWCA 4114 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5969)
MPR KERB PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE KERB AND CHANNEL ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 14 JULY 2021 |
Application for approval of the MPR KERB PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel Enterprise Agreement 2020-2023.
[1] An application has been made for approval of an enterprise agreement known as the MPR KERB PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb and Channel 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2021. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2021] FWCA 4114
- Case
- [2021] FWCA 4114
- Decision Date
CaseChat Overview and Summary
The court had to determine if the agreement contained the necessary provisions as outlined by the Fair Work Act, including the minimum entitlements, and if it was fairly negotiated. The key issues included whether the agreement provided for minimum wages and conditions, if it was made in good faith, and whether it was free from any improper influences or pressures. The court also had to consider if the agreement would be likely to achieve improved productivity, efficiency, and profitability in the industry.
After reviewing the evidence and submissions, the Fair Work Commission concluded that the agreement was fairly negotiated and contained all the necessary provisions. The court found that the agreement provided for minimum wages and conditions, was made in good faith, and was free from any improper influences. The Commission was satisfied that the agreement would contribute to improved productivity, efficiency, and profitability in the industry. Therefore, the Fair Work Commission approved the agreement under section 178 of the Fair Work Act 2009.
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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