| [2023] FWCA 2853 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/2956)
RAPID PASSIVE FIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 7 SEPTEMBER 2023 |
Application for approval of the RAPID PASSIVE FIRE PTY LTD and the CFMEU (Victorian Construction and General Division) SubcontractorsArchitectural Features and Fittings Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the RAPID PASSIVE FIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2023. The nominal expiry date of the Agreement is 31 December 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 2853
- Case
- [2023] FWCA 2853
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the terms and conditions set out in the enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for "better off overall" and "no detriment" to employees, and whether it complied with the "good faith" obligation under the Act. Additionally, the Commission considered whether the agreement contained provisions that were contrary to public policy or inconsistent with the broader industrial relations framework.
The Fair Work Commission found that the agreement met the statutory requirements of the Fair Work Act. The Commission noted that the agreement provided for conditions that were at least as favourable as the applicable award, thereby meeting the "better off overall" test. Furthermore, the Commission was satisfied that the agreement did not cause any detriment to employees and that it was made in good faith. The Commission also confirmed that all provisions of the agreement were consistent with public policy and the broader industrial relations system. Given these findings, the Commission approved the enterprise agreement.
In its decision, the Fair Work Commission approved the Rapid Passive Fire Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement will govern the terms and conditions of employment for employees of Rapid Passive Fire Pty Ltd, providing a framework for fair and consistent workplace practices within the specified period.
Orders
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Background
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Evidence
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Decision
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