| [2023] FWCA 2658 |
| 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
(AG2023/2705)
ASHLEY GARVEY PAINTERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 22 AUGUST 2023 |
Application for approval of the ASHLEY GARVEY PAINTERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the ASHLEY GARVEY PAINTERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating 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 29 August 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 2658
- Case
- [2023] FWCA 2658
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly in relation to the process for its negotiation and the provisions within the agreement itself. The court had to determine if the agreement was fairly and properly negotiated and if it contained the necessary elements as stipulated by the Act. Additionally, the court examined if the agreement adequately balanced the interests of all parties involved, particularly focusing on the procedural fairness and the substantive content of the agreement.
The Fair Work Commission found that the enterprise agreement was fairly and properly negotiated, and that all procedural requirements were met. The commission held that the agreement was not unfair to any party, as it provided a fair balance of rights and obligations between the employer and the employees. The court noted that the agreement included provisions for wages, working conditions, and dispute resolution mechanisms that were consistent with the objectives of the Fair Work Act. Consequently, the application for approval of the enterprise agreement was granted.
The final orders of the court were that the Ashley Garvey Painters Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 be approved. This decision effectively sets the terms and conditions of employment for the relevant employees under the approved enterprise agreement, effective from the date of the approval.
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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