Construction, Forestry, Maritime, Mining and Energy Union
[2023] FWCA 2349
•31 JULY 2023
| [2023] FWCA 2349 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/2466)
RODAUX HOLDINGS PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2021-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 31 JULY 2023 |
Application for approval of the Rodaux Holdings Pty Ltd/ CFMEU Collective Agreement 2021-2023.
An application has been made for approval of an enterprise agreement known as the Rodaux Holdings Pty Ltd/ CFMEU Collective Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 6 June 2023 and the Agreement was made on 11 July 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The CFMMEU, 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.
While the Agreement states it shall apply from the date of lodgement, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 31 July 2023 and, in accordance with s.54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 December 2023.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
Printed by authority of the Commonwealth Government Printer
<AE520924 PR764684>
0
0
0