| [2022] FWCA 4433 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/5177)
TREND CIVIL 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 | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 21 DECEMBER 2022 |
Application for approval of the TREND CIVIL 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 TREND CIVIL 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.
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 28 December 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 4433
- Case
- [2022] FWCA 4433
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the proposed enterprise agreement was consistent with the provisions of the Fair Work Act, particularly sections related to good faith bargaining, the protection of employees' rights, and compliance with the relevant industrial instruments. The court had to assess if the agreement met the criteria for approval, including whether it was made in good faith, provided for genuine enterprise bargaining, and ensured employees' rights were protected.
The Fair Work Commission found that the agreement was consistent with the requirements of the Act. It was determined that the parties had engaged in genuine bargaining, and the agreement provided adequate protections for the employees involved. The Commission concluded that the agreement was fair and appropriate, taking into account the specific circumstances of the industry and the bargaining process. The application for approval was thus granted, and the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023 was approved.
The final orders of the court confirmed the approval of the enterprise agreement between TREND CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division). The agreement was deemed to be in compliance with the Fair Work Act, and it was set to govern the employment conditions of the relevant employees for the period 2020-2023. The decision reinforced the importance of ensuring that enterprise agreements are made in good faith, provide genuine bargaining, and protect the rights of employees.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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