| [2019] FWCA 5298 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2608)
EARTHBOLT PROP ANCHOR SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018
Building, metal and civil construction industries | |
DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 31 JULY 2019 |
Application for approval of the EARTHBOLT PROP ANCHOR SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.
[1] An application has been made for approval of an enterprise agreement known as the EARTHBOLT PROP ANCHOR SYSTEMS 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.
[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[4] The Agreement was approved on 31 July 2019 and, in accordance with s.54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 31 July 2019.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2019] FWCA 5298
- Case
- [2019] FWCA 5298
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address involved determining if the agreement complied with the Fair Work Act, including whether it contained all the mandatory terms required by the Act, and if the agreement was made in good faith and without coercion. The court also considered whether the agreement met the "better off overall test" and whether it contained provisions that were not contrary to public policy.
The Fair Work Commission found that the agreement was compliant with the Fair Work Act. The court held that the agreement contained all the mandatory terms required by the Act and was made in good faith. The agreement also passed the better off overall test and did not contain any provisions that were contrary to public policy. The court noted the parties' cooperative approach and the absence of any coercion in the negotiation process, which supported the finding of good faith. The agreement was thus approved under section 235 of the Fair Work Act 2009.
In conclusion, the Fair Work Commission approved the enterprise agreement between EARTHBOLT PROP ANCHOR SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The decision was based on the compliance of the agreement with the Fair Work Act, the presence of all mandatory terms, the good faith of the parties, and the satisfaction of the better off overall test. The court's approval of the agreement ensures that it will govern the employment conditions of the parties for the specified period, providing a stable framework for their industrial relations.
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