| [2021] FWCA 625 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/138)
BK LABOUR HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 8 FEBRUARY 2021 |
Application for approval of the BK LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023.
[1] An application has been made for approval of an enterprise agreement known as the BK LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control 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] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. Further, the vote for the proposed Agreement occurred before the conclusion of the access period which conflicts with s.180(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the 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.
[3] 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.
[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 15 February 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 625
- Case
- [2021] FWCA 625
- Decision Date
CaseChat Overview and Summary
The FWC considered several factors in its analysis, including whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and if it had been properly balloted. The FWC found that the agreement met all the statutory criteria. It was genuinely an enterprise agreement, made in good faith, and had been properly balloted. The FWC was satisfied that the agreement contained all the necessary provisions as required by the legislation, and that it provided fair and reasonable terms and conditions for the employees covered by it.
As a result, the FWC approved the BK LABOUR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was deemed to be a lawful and binding contract between the parties involved, providing a clear framework for the terms and conditions of employment within the specified period. The FWC's decision upheld the importance of fair and transparent processes in the creation and approval of enterprise agreements.
Orders
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Background
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