| [2023] FWCA 1840 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/1889)
STRIDE SURVEY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MARKING AND SETTING OUT ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 26 JUNE 2023 |
Application for approval of the STRIDE SURVEY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the STRIDE SURVEY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023 (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.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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 3 July 2023. The nominal expiry date of the Agreement is 31 December 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE520447 PR763491>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 1840
- Case
- [2023] FWCA 1840
- Decision Date
CaseChat Overview and Summary
The key legal issues before the commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was made in accordance with the procedural fairness standards. Specifically, the commission needed to assess if the agreement was a genuine enterprise agreement, whether it contained the mandatory terms and conditions as prescribed by the Act, and if the union had followed proper consultation and bargaining processes with the employer.
In reaching its decision, the commission examined the evidence presented regarding the negotiation and consultation processes, the content of the agreement, and the compliance with mandatory terms. The commission found that the union had engaged in genuine bargaining with the employer and that the proposed agreement contained all the mandatory terms. The commission also determined that the agreement was fair and reasonable in all its terms and did not disadvantage any party. Consequently, the commission approved the agreement, recognising it as a lawful and effective enterprise agreement under the Fair Work Act.
As a result of the approval, the STRIDE SURVEY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Marking and Setting Out Enterprise Agreement 2020-2023 was registered and enforceable. This decision provides clarity for the parties involved and sets a precedent for similar agreements in the industry.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.