| [2021] FWCA 1371 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/3979)
CABRAL INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 15 MARCH 2021 |
Application for approval of the Cabral Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.
[1] An application has been made for approval of an enterprise agreement known as the Cabral Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 22 March 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 1371
- Case
- [2021] FWCA 1371
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining if the agreement complied with the statutory requirements, including whether it was free from any contraventions of the Act, whether it contained appropriate protections for employees, and if it adhered to the principles of good faith bargaining. Additionally, the court needed to assess whether the agreement provided fair and reasonable terms for the employees and if it was consistent with the broader objectives of the Fair Work Act, which include promoting higher wages and better working conditions.
The FWC carefully examined the contents of the agreement, focusing on the provisions related to wages, hours of work, and other conditions. The court found that the agreement was free from any statutory contraventions and that it provided for fair and reasonable terms for the employees. Furthermore, the court concluded that the agreement was consistent with the principles of good faith bargaining and the broader objectives of the Fair Work Act. Consequently, the FWC approved the application for the agreement.
The FWC issued an order approving the Cabral Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement will be legally binding on the parties involved, providing a framework for the employment relationship between Cabral Industries Pty Ltd and its employees represented by the CFMEU.
Orders
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Background
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Evidence
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