| [2019] FWCA 6940 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3691)
DYNAMIC CIVIL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018
| Cement and concrete products | |
| Commissioner Johns | SYDNEY, 8 OCTOBER 2019 |
Application for approval of the DYNAMIC CIVIL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.
An application has been made for approval of an enterprise agreement known as the DYNAMIC CIVIL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 15 October 2019. The nominal expiry date of the Agreement is 31 October 2019.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2019] FWCA 6940
- Case
- [2019] FWCA 6940
- Decision Date
CaseChat Overview and Summary
The legal issues central to this case revolved around whether the terms and conditions outlined in the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was free from prohibited content, complied with the Fair Work (Registered Organisations) Act 2009, and adhered to the procedural requirements for enterprise agreements. Additionally, the court considered whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions for employees, and whether it aligned with the broader objectives of the Fair Work Act.
The court examined the arguments presented by both parties, focusing on the procedural fairness of the agreement, its compliance with the Fair Work Act, and the impact of the agreement on the employees it covered. The court also assessed the fairness of the terms and conditions stipulated in the agreement, considering the broader economic context and the interests of both employers and employees. Ultimately, the court found that the agreement was procedurally sound and did not contain any prohibited content. It further determined that the agreement provided fair and reasonable terms and conditions for the employees, and thus met the requirements for approval under the Fair Work Act.
The Fair Work Commission approved the Enterprise Agreement, confirming that it complied with all legislative requirements and provided for fair and reasonable terms and conditions for the employees. This decision sets a precedent for similar agreements in the construction industry, ensuring that such agreements are both legally compliant and fair to all parties involved.
Orders
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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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