| [2022] FWCA 4092 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/4778)
ESJAY COMMERCIAL PLASTERING PTY LTD AS TRUSTEE FOR ESJAY COMMERCIAL PLASTERING UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 28 NOVEMBER 2022 |
Application for approval of the ESJAY COMMERCIAL PLASTERING PTY LTD AS TRUSTEE FOR ESJAY COMMERCIAL PLASTERING UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the ESJAY COMMERCIAL PLASTERING PTY LTD AS TRUSTEE FOR ESJAY COMMERCIAL PLASTERING UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 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 4092
- Case
- [2022] FWCA 4092
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly whether it met the standards of procedural fairness and whether it was appropriate to be made an approved agreement. The Commission had to assess whether the agreement was fair and reasonable, taking into account various factors such as the bargaining power of the parties, the nature of the industry, and the interests of employees.
The Commission found that the agreement had been negotiated in good faith and met the procedural fairness requirements. It also noted that the agreement provided for reasonable terms and conditions, taking into account the interests of both employers and employees. The Commission was satisfied that the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act. Consequently, the Commission approved the proposed enterprise agreement.
The Fair Work Commission approved the ESJAY COMMERCIAL PLASTERING PTY LTD AS TRUSTEE FOR ESJAY COMMERCIAL PLASTERING UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the duration specified.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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