| [2023] FWCA 1323 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/1243)
ELITE PERIMETER SECURITY PTY LTD T/AS ELITE PERIMETER SECURITY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 12 MAY 2023 |
Application for approval of the ELITE PERIMETER SECURITY PTY LTD T/As ELITE PERIMETER SECURITY and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the ELITE PERIMETER SECURITY PTY LTD T/As ELITE PERIMETER SECURITY 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 19 May 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 1323
- Case
- [2023] FWCA 1323
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around the agreement's compliance with the Fair Work Act, specifically sections related to good faith bargaining, the process for making an enterprise agreement, and the content requirements. The court had to determine whether the agreement was genuinely negotiated, if it contained mandatory terms, and if it provided for proper dispute resolution mechanisms. Additionally, the court assessed whether the agreement was in the best interests of the employees and the enterprise.
The Fair Work Commission found that the agreement was genuinely negotiated and contained all the mandatory terms required by the Fair Work Act. It was determined that the agreement was in the best interests of the employees and the enterprise, as it provided for fair and reasonable employment conditions. The Commission noted the importance of the dispute resolution mechanisms and the protections afforded to employees within the agreement. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all respects.
No further orders were made beyond the approval of the enterprise agreement. The decision confirmed the validity of the agreement, allowing it to be implemented as intended by the 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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Reasons for decision
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Ratio Decidendi
Legal Principle Established
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