| [2023] FWCA 2724 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/2792)
ALLSAFE LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2020-2023
| Industries not otherwise assigned | |
| COMMISSIONER JOHNS | MELBOURNE, 28 AUGUST 2023 |
Application for approval of the ALLSAFE LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors LabourHire Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the ALLSAFE LABOUR PTY LTD 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.
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.
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.
The Construction, Forestry, Maritime, Mining and Energy Union 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 4 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 2724
- Case
- [2023] FWCA 2724
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC involved determining whether the agreement complied with the procedural requirements and substantive provisions of the Fair Work Act. Specifically, the FWC had to assess if the agreement was made in good faith, if it contained the minimum terms and conditions as required by the Act, and if the agreement was fair and reasonable. The FWC also considered if the agreement provided for proper dispute resolution mechanisms and if it adhered to the requirements for majority support among the relevant employees.
In reaching its decision, the FWC examined the evidence provided by both parties. It considered the process by which the agreement was negotiated, including whether proper consultations and good faith bargaining occurred. The FWC also evaluated the content of the agreement to ensure it covered the necessary minimum terms and conditions and did not unfairly disadvantage any party. Furthermore, the FWC assessed if the agreement was fair and reasonable in the context of the industries involved and if it provided adequate dispute resolution processes. After considering these factors, the FWC determined that the agreement met the necessary criteria for approval.
The FWC approved the ALLSAFE LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors LabourHire Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was deemed to comply with all relevant legislative requirements, including the provisions of the Fair Work Act. The approval ensures that the terms and conditions of employment for labour hire workers in the specified industries are governed by this enterprise 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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