| [2020] FWCA 2864 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1319)
MP INTERIOR LININGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2019 - 2020
Building, metal and civil construction industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 2 JUNE 2020 |
Application for approval of the MP INTERIOR LININGS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020.
[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the MP INTERIOR LININGS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[4] The Agreement was approved on 2 June 2020 and, in accordance with s 54, will operate from 9 June 2020. The nominal expiry date of the Agreement is 30 April 2020.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2020] FWCA 2864
- Case
- [2020] FWCA 2864
- Decision Date
CaseChat Overview and Summary
The court was tasked with examining several key legal issues. These included whether the agreement met the criteria for a modern award, whether it complied with the good faith bargaining requirements, and whether the agreement provided for the protection of employees' rights and interests. Additionally, the court had to consider whether the agreement was in the best interests of the employees and if it contained any provisions that could potentially undermine the rights of the workforce.
In delivering its decision, the court thoroughly analysed the provisions of the agreement, taking into account the relevant statutory framework. The court found that the agreement met all the necessary legal criteria, including being a modern award and being the product of good faith bargaining. The agreement was deemed to be in the best interests of the employees, providing adequate protections and benefits. The court concluded that the agreement was fair and balanced, taking into account the needs of both the employer and the employees. Consequently, the court approved the agreement, finding it to be compliant with the relevant legislative requirements.
The final orders of the court were that the MP INTERIOR LININGS PTY LTD and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2019 - 2020 be approved, effective from the date of the court's decision. This approval meant that the agreement would now serve as the primary document governing the employment conditions for plasterers within the specified entity, subject to the terms and conditions outlined in the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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