| [2022] FWCA 4602 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/5363)
F W GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 29 DECEMBER 2022 |
Application for approval of the F W GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the F W GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 5 January 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 [2022] FWCA 4602
- Case
- [2022] FWCA 4602
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the proposed enterprise agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements of the Fair Work Act 2009. The Commission also had to consider the balance of interests between the parties, including the right to freedom of association and the right to bargain collectively.
In determining whether the proposed agreement should be approved, the Commission examined the terms and conditions of the agreement, including wages, working hours, and other employment-related matters. The Commission also considered the views and submissions of the parties, as well as the relevant provisions of the Fair Work Act and other relevant legislation. After careful consideration, the Commission found that the agreement met the statutory criteria for approval and was fair and reasonable in all respects. The Commission approved the agreement, noting that it provided for a fair and reasonable balance of interests between the parties.
The Fair Work Commission approved the F W Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The agreement was approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The approval of the agreement provides certainty and stability for the parties and their employees, and ensures that the agreement will be enforceable in accordance with the provisions of the Fair Work Act.
Orders
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Background
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Evidence
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