| [2023] FWCA 1308 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2023/1206)
ECO HYDRO SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 10 MAY 2023 |
Application for approval of the ECO HYDRO SERVICES PTY LTD 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 ECO HYDRO SERVICES PTY LTD 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.
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 17 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 1308
- Case
- [2023] FWCA 1308
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This included examining if the agreement was made in good faith and whether it contained the mandatory terms as prescribed by the Act. The court also needed to consider whether the agreement had been properly negotiated and if it met the procedural requirements for approval. Additionally, the court was required to determine if the agreement was consistent with the broader public interest and if it provided for fair and reasonable terms for employees.
In reaching its decision, the court meticulously reviewed the content and provisions of the proposed agreement, ensuring it aligned with the legal standards set out in the Fair Work Act 2009. The court found that the agreement was made in good faith, was properly negotiated, and included all mandatory terms required by the Act. The agreement was also deemed to be consistent with the public interest and provided fair and reasonable terms for the employees. Consequently, the court approved the agreement, acknowledging that it met all the necessary legal criteria for approval.
The court's approval of the agreement resulted in the formal recognition of the terms and conditions outlined in the ECO Hydro Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. This decision provided clarity and certainty for both the employer and the employees regarding the terms of their employment and the operational framework of their working relationship.
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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