[2018] FWCA 6174
The attached document replaces the document previously issued with the above code on 20 November 2018.
Description of application in title amended
Jack Howe
Associate to Commissioner Hunt
Dated 21 November 2018
| [2018] FWCA 6174 |
| 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
(AG2018/5197)
BRADCO (QLD) PTY LTD T/AS BRADCO JOINERY AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019
Building, metal and civil construction industries | |
COMMISSIONER HUNT | BRISBANE, 20 NOVEMBER 2018 |
Application for approval of the Bradco (QLD) Pty Ltd T/As Bradco Joinery and CFMEU Union Collective Agreement 2018-2019
[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Bradco (QLD) Pty Ltd T/As Bradco Joinery and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.
[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2018. The nominal expiry date of the Agreement is 1 January 2019.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCA 6174
- Case
- [2018] FWCA 6174
- Decision Date
CaseChat Overview and Summary
The key legal issues that the Fair Work Commission had to address were whether the proposed agreement met the requirements under the Fair Work Act 2009, including whether the agreement promoted high wages and conditions, facilitated productivity, and ensured flexibility in the workplace. The Commission also had to consider whether the agreement was consistent with the national system of industrial determination, and whether it was appropriate to make an order approving the agreement.
The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act 2009. The Commission found that the agreement promoted high wages and conditions, facilitated productivity, and ensured flexibility in the workplace. The Commission also found that the agreement was consistent with the national system of industrial determination and was appropriate to make an order approving the agreement. The Commission approved the agreement, subject to certain modifications to the leave provisions, to ensure that they were consistent with the national system of industrial determination.
The Fair Work Commission approved the Bradco (QLD) Pty Ltd T/As Bradco Joinery and CFMEU Union Collective Agreement 2018-2019, subject to modifications to the leave provisions. The modifications were made to ensure that they were consistent with the national system of industrial determination. The Commission considered that the agreement met the requirements of the Fair Work Act 2009, promoted high wages and conditions, facilitated productivity, and ensured flexibility in the workplace.
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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