| [2022] FWCA 3570 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/4190)
EARTHPRO GROUP 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 | |
| COMMISSIONER LEE | MELBOURNE, 17 OCTOBER 2022 |
Application for approval of the EARTHPRO GROUP 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 EARTHPRO GROUP 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 24 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 3570
- Case
- [2022] FWCA 3570
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the validity and fairness of the proposed enterprise agreement. The primary consideration was whether the agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. Additionally, the court had to determine whether the agreement adequately balanced the interests of both employers and employees.
In delivering the judgment, the Fair Work Commission evaluated the evidence and submissions provided by both parties. The Commission concluded that the proposed agreement was fair and reasonable, taking into account the principles of good faith bargaining and the overall benefits and detriments to the parties. The Commission found that the agreement provided for appropriate terms and conditions that were negotiated in good faith and met the legislative requirements. Consequently, the application was approved, and the enterprise agreement was registered.
The Fair Work Commission's decision resulted in the registration of the EARTHPRO GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023. This outcome allowed the agreement to take effect, providing the parties with a legally binding framework for their employment relationship for the specified period.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
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