| [2023] FWCA 2726 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/2802)
THE TRUSTEE FOR DUKON GROUP UNITTRUST T-AS DUKON GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 28 AUGUST 2023 |
Application for approval of The Trustee for Dukon Group UnitTrust t-as Dukon Group Pty Ltd / CFMEU Collective Agreement 2019-2023
An application has been made for approval of an enterprise agreement known as The Trustee for Dukon Group UnitTrust t-as Dukon Group Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 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 2726
- Case
- [2023] FWCA 2726
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the proposed agreement was consistent with applicable laws and regulations and whether it was in the best interests of the workers. The Commission had to examine the provisions of the proposed agreement, including any that were inconsistent with industrial instruments, and determine whether those provisions were justifiable in the context of the agreement as a whole. The Commission also had to consider whether the proposed agreement would provide for fair and reasonable terms and conditions of employment for the workers.
The Commission found that the proposed agreement was consistent with applicable laws and regulations and was in the best interests of the workers. The Commission noted that while some provisions of the proposed agreement were inconsistent with industrial instruments, those inconsistencies were justified in the context of the agreement as a whole. The Commission also found that the proposed agreement provided for fair and reasonable terms and conditions of employment for the workers, including provisions for dispute resolution and protection against adverse action. The Commission approved the proposed agreement, subject to certain modifications to address the Trustee's concerns.
The Commission's final order was that the CFMEU Collective Agreement 2019-2023 be approved, subject to the modifications identified in the decision. The Trustee was directed to implement the approved agreement and provide a copy to the CFMEU. The CFMEU was directed to provide a copy of the approved agreement to each affected worker and to take all necessary steps to give effect to the agreement. The decision provides clarity for employers and unions entering into collective agreements and ensures that workers' interests are protected.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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