| [2022] FWCA 3511 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/4204)
MADDISON WRIGHT ENGINEERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 18 OCTOBER 2022 |
Application for approval of the MADDISON WRIGHT ENGINEERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the MADDISON WRIGHT ENGINEERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 25 October 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 3511
- Case
- [2022] FWCA 3511
- Decision Date
CaseChat Overview and Summary
In addressing the issues, the court examined the fairness and reasonableness of the terms of the agreement, considering factors such as the nature of the industry, the bargaining power of the parties, and the overall impact on employees. The court also considered if the agreement was made in good faith and if the appropriate process was followed, including whether genuine bargaining had taken place. The evidence presented by the parties, including submissions on the terms and the process, was thoroughly reviewed.
The court found that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. It determined that the terms were equitable and did not unjustifiably disadvantage any party. The court also concluded that the process followed in reaching the agreement was compliant with the statutory requirements, including evidence of genuine bargaining efforts. Based on these findings, the court approved the agreement.
The final order of the court was that the Maddison Wright Engineering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 is approved as meeting the requirements of the Fair Work Act 2009.
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Background
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