| [2022] FWCA 3470 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/4050)
TY-CON GROUP PTY LTD AS TRUSTEE FOR TY-CON GROUP TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 7 OCTOBER 2022 |
Application for approval of the TY-CON GROUP PTY LTD AS TRUSTEE FOR TY-CON GROUP TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the TY-CON GROUP PTY LTD AS TRUSTEE FOR TY-CON GROUP TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 14 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 3470
- Case
- [2022] FWCA 3470
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the agreement complied with the Fair Work Act 2009 and whether it provided fair and reasonable terms for the employees. Key issues included whether the agreement met the criteria for simplicity and clarity, if it was free from undue influence, and whether it included appropriate provisions for employee representation and dispute resolution. Additionally, the court examined if the agreement provided adequate protections for employees in terms of wages, conditions, and other employment terms.
In its reasoning, the court considered the statutory requirements set out in the Fair Work Act and the principles of good faith bargaining. The court assessed the provisions of the agreement against these criteria and found that the agreement was sufficiently clear and simple. It was also determined that the agreement was free from undue influence and provided appropriate mechanisms for employee representation and dispute resolution. The court further noted that the agreement contained provisions that were fair and reasonable in terms of wages, conditions, and other employment terms, thus meeting the statutory requirements.
The final orders of the court were to approve the subcontractor formwork enterprise agreement, confirming its compliance with the Fair Work Act and its adequacy in representing the interests of the employees. The agreement was therefore approved, allowing it to take effect as a legally binding enterprise agreement between the parties.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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