| [2021] FWCA 39 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3984)
TOP UP LABOUR AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2020-2023
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 6 JANUARY 2021 |
Application for approval of the TOP UP LABOUR and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023.
[1] An application has been made for approval of an enterprise agreement known as the TOP UP LABOUR and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire 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] 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 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.
[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 13 January 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 39
- Case
- [2021] FWCA 39
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the Commission were whether the terms and conditions outlined in the enterprise agreement complied with relevant statutory requirements and whether they were fair and reasonable. The Commission examined if the agreement provided adequate protections for employees engaged through labour hire arrangements and if it adhered to the standards set by the Fair Work Act 2009. Additionally, the Commission assessed whether the agreement appropriately balanced the interests of employers and employees.
After considering the submissions from both parties and reviewing the contents of the enterprise agreement, the Fair Work Commission determined that the agreement met the necessary statutory requirements. The Commission found that the agreement provided fair and reasonable terms and conditions, including adequate pay rates and entitlements for employees. The Commission also concluded that the agreement appropriately balanced the interests of both employers and employees. Consequently, the Commission approved the TOP UP LABOUR and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2020-2023.
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Background
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