| [2023] FWCA 1735 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/1677)
ASKEW, PAUL T/AS H20 PRESSURE CLEANING SERVICES AND THE CFEMU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 15 JUNE 2023 |
Application for approval of the ASKEW, PAUL T/As H20 PRESSURE CLEANING SERVICES and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings EnterpriseAgreement 2020-2023
An application has been made for approval of an enterprise agreement known as the ASKEW, PAUL T/As H20 PRESSURE CLEANING SERVICES and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 22 June 2023. The nominal expiry date of the Agreement is 31 December 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 1735
- Case
- [2023] FWCA 1735
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the enterprise agreement met the formal requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the mandatory terms and conditions as prescribed by the Act, and whether it adhered to procedural fairness in its creation. The court also had to assess if the agreement was made in good faith and if it provided fair and reasonable terms for both parties involved.
The Fair Work Commission, in its decision, found that the enterprise agreement largely complied with the necessary legislative requirements. The agreement was deemed to be made in good faith and was considered to provide fair and reasonable terms for both employers and employees. The Commission highlighted that the agreement contained all the mandatory terms and conditions as required by the Fair Work Act, and it was appropriately negotiated. The court concluded that the agreement was procedurally fair and met all the necessary criteria for approval.
The Fair Work Commission approved the enterprise agreement, confirming its compliance with the Fair Work Act 2009. The decision underscores the importance of ensuring that enterprise agreements are made in good faith and provide fair and reasonable terms for 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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