| [2023] FWCA 1521 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/1482)
ALPHA REO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 31 MAY 2023 |
Application for approval of the ALPHA REO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the ALPHA REO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 7 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 1521
- Case
- [2023] FWCA 1521
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the enterprise agreement met the statutory criteria for approval, including whether it provided for the protection of employee entitlements, the promotion of enterprise flexibility, and the facilitation of productive and harmonious workplace relations. Additionally, the court needed to consider whether the agreement was made in good faith and whether it complied with any relevant minimum standards set out in the Fair Work Act.
After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the enterprise agreement met the necessary criteria for approval. The agreement was deemed to provide adequate protection of employee entitlements, promote enterprise flexibility, and facilitate productive and harmonious workplace relations. The commission also found that the agreement was made in good faith and complied with the relevant minimum standards. Consequently, the court approved the enterprise agreement, allowing it to come into effect.
The Fair Work Commission's decision was based on a comprehensive analysis of the proposed enterprise agreement and the legal framework governing enterprise agreements. The court considered the specific terms and conditions of the agreement, as well as the broader context in which the agreement was made. By approving the enterprise agreement, the commission recognised the importance of facilitating productive and harmonious workplace relations, while also ensuring that employees' entitlements were protected. This decision provides guidance to employers and unions in the construction industry on the requirements for a valid enterprise agreement.
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Background
Background to the litigation
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Evidence
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