| [2022] FWCA 4108 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/4794)
CONCRETE GRINDING CONCEPTS PTY LTD AS TRUSTEE FOR PMANGAN TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 29 NOVEMBER 2022 |
Application for approval of the CONCRETE GRINDING CONCEPTS PTY LTD AS TRUSTEE FOR PMANGAN TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the CONCRETE GRINDING CONCEPTS PTY LTD AS TRUSTEE FOR PMANGAN TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 6 December 2022. 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 4108
- Case
- [2022] FWCA 4108
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the commission was whether the proposed enterprise agreement was consistent with the provisions of the Fair Work Act 2009 and met the requirements for registration under the Fair Work (Registered Organisations) Act 2009. Specifically, the commission needed to assess if the agreement provided a safety net for employees, offered fair and reasonable terms, and was free from any unlawful content.
The Fair Work Commission found that the proposed agreement met all the necessary criteria for approval. The agreement provided for a comprehensive set of terms and conditions that were fair and reasonable for the employees covered by the agreement. The commission was satisfied that the agreement would provide a safety net for employees and that it did not contain any unlawful content. Therefore, the agreement was approved and registered under the Fair Work Act 2009.
The final orders of the Fair Work Commission were that the Concrete Grinding Concepts Pty Ltd, as trustee for the PMangan Trust, and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The agreement will now govern the terms and conditions of employment for the relevant employees within the concrete grinding industry.
Orders
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Background
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Evidence
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Decision
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