Construction, Forestry, Maritime, Mining and Energy Union

Case [2023] FWCA 2698
[2023] FWCA 2698

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

(AG2023/2837)

Akkari Tiling Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023
[AE521244]

COMMISSIONER LEE

MELBOURNE, 23 AUGUST 2023

Application for approval of the Akkari Tiling Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023

  1. An application has been made for approval of an enterprise agreement known as the Akkari Tiling Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers 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 Construction, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

  1. 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.

  1. The Construction, 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR765494>

Details
AGLC
Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 2698
Case
[2023] FWCA 2698
Decision Date

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) seeking approval for the Akkari Tiling Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayers Enterprise Agreement 2020-2023 under Section 185 of the Fair Work Act 2009. This single enterprise agreement was to cover a period of three years and was proposed to be approved by the Fair Work Commission.

The central legal issues addressed by the Commission were whether the requirements of sections 186, 187, and 188 of the Act had been fulfilled and if the agreement could be approved. These sections pertain to the process of application, the involvement of bargaining representatives, and the operational aspects of the agreement, respectively. The Commissioner needed to determine if the application met the legislative criteria and if the agreement was suitable for approval.

The Commissioner concluded that all relevant requirements had been satisfied. The CFMEU had appropriately notified under Section 183 of the Act of its intention for the agreement to cover it, and Section 201(2) confirmed that the agreement would indeed cover the organisation. As a result, the agreement was approved and would operate from 30 August 2023, with a nominal expiry date of 31 December 2023. The Commissioner's decision was based on the fulfilment of the statutory criteria and the suitability of the agreement for approval.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.