| [2019] FWCA 7745 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4096)
E & S REINFORCEMENT (QLD) TRUST (THE TRUSTEE FOR) T/AS E & S REO GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MASSON | MELBOURNE, 12 NOVEMBER 2019 |
Application for approval of the E & S Reinforcement (QLD) Trust (The Trustee For) T/As E & S Reo Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.
[1] An application has been made for approval of an enterprise agreement known as the E & S Reinforcement (QLD) Trust (The Trustee For) T/As E & S Reo Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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.
[2] 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) I note that the Agreement covers the organisation.
[4] The Agreement lodged contained an error at Appendix B, Pay Rates, Section 1. On 8 November 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2019. The nominal expiry date of the Agreement is 31 January 2020.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2019] FWCA 7745
- Case
- [2019] FWCA 7745
- Decision Date
CaseChat Overview and Summary
The Commission was required to consider whether the EA met the criteria for approval, including whether it provided for the terms and conditions of employment, it was free from coercion and undue influence, and whether it had been made in good faith. The CFMEU argued that the EA was a genuine agreement and complied with all legislative requirements. The E & S Reo Group Pty Ltd did not contest the EA, but raised concerns about the application of the EA to its business operations.
After considering the submissions and evidence presented by the parties, the Commission found that the EA was a genuine agreement that complied with the FW Act. The EA was found to provide for the terms and conditions of employment of the employees, and there was no evidence of coercion or undue influence. The Commission also found that the EA had been made in good faith. The Commission approved the EA, subject to minor modifications to ensure compliance with certain provisions of the FW Act.
The Commission made orders approving the EA, subject to the modifications, and directed that the EA be registered with the Commission. The EA will now apply to the employees covered by it, and the parties are bound by its terms. The decision provides guidance on the requirements for approving EAs and the considerations that the Commission takes into account in making its decision.
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
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