| [2022] FWCA 3299 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/3858)
ZK CIVIL INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Greenfields Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 26 SEPTEMBER 2022 |
Application for approval of the ZK CIVIL INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Greenfields Enterprise Agreement 2020-2023
An application has been made for approval of a greenfields agreement known as the ZK CIVIL INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 3 October 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 3299
- Case
- [2022] FWCA 3299
- Decision Date
CaseChat Overview and Summary
The legal issues before the court revolved around whether the proposed enterprise agreement should be approved under the Fair Work Act 2009. This required the Commission to consider various factors, including whether the agreement would provide for fair and reasonable terms and conditions of employment, whether it would provide for fair and reasonable processes for resolving disputes, and whether it would be in the interests of the employees covered by the agreement.
After considering the submissions and evidence presented by both parties, the Fair Work Commission found that the proposed enterprise agreement met the necessary requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, as well as fair and reasonable processes for resolving disputes. The Commission also found that the agreement was in the interests of the employees covered by the agreement. Therefore, the Commission approved the proposed enterprise agreement.
As a result of the Commission's decision, the ZK CIVIL INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Civil and Infrastructure Greenfields Enterprise Agreement 2020-2023 was approved and is now in effect.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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