| [2023] FWCA 1580 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/1536)
PAGE PLANT HIRE PTY. LTD T/AS PPH EARTHMOVING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 2 JUNE 2023 |
Application for approval of the PAGE PLANT HIRE PTY. LTD T/As PPH EARTHMOVING and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the PAGE PLANT HIRE PTY. LTD T/As PPH EARTHMOVING and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 9 June 2023. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 1580
- Case
- [2023] FWCA 1580
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved determining whether the agreement was a genuine enterprise agreement, whether it complied with the requirements of the Fair Work Act, and if it provided for fair and reasonable terms and conditions of employment. The court had to examine the bargaining process, the contents of the agreement, and whether it achieved a better off overall test for the employees.
The court found that the application met all the necessary criteria for approval. The agreement was determined to be a genuine enterprise agreement, as it was the product of genuine negotiations between the employer and the union. The court confirmed that the agreement complied with the statutory requirements, including the better off overall test, and provided for fair and reasonable terms and conditions for the employees. The agreement was approved and registered under the Fair Work Act, ensuring that it would have legal effect and be binding on the parties involved.
The final orders of the court were that the PAGE PLANT HIRE PTY. LTD T/As PPH EARTHMOVING and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 was approved and registered as a new enterprise agreement under the Fair Work Act 2009. The agreement was to be effective from the date of registration, providing a framework for the terms and conditions of employment for the employees covered by the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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