| [2022] FWCA 3775 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/4364)
FACADE CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Greenfields Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 28 OCTOBER 2022 |
Application for approval of the FACADE CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Greenfields Enterprise Agreement 2020-2023
An application has been made for approval of a greenfields agreement known as the FACADE CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.
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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the 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.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 4 November 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 3775
- Case
- [2022] FWCA 3775
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it met the criteria for being a simple, fair, and efficient workplace instrument. The Commission also had to consider if the agreement appropriately balanced the interests of the employees and employers, and if it complied with the relevant provisions of the Fair Work Act.
The Fair Work Commission determined that the proposed enterprise agreement satisfied all the necessary requirements for approval. The agreement was found to be genuine, made in good faith, and balanced the interests of both parties. It also met the criteria for being a simple, fair, and efficient workplace instrument. The Commission was satisfied that the agreement complied with the Fair Work Act and that it was in the best interests of the employees and employers. Consequently, the Commission approved and registered the agreement.
The Fair Work Commission granted the application for approval of the FACADE CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Greenfields Enterprise Agreement 2020-2023, and it became a registered enterprise agreement under the Fair Work Act.
Orders
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Background
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