| [2022] FWCA 3197 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/3702)
L & L.J. FABRICATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 15 SEPTEMBER 2022 |
Application for approval of the L & L.J. FABRICATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the L & L.J. FABRICATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings 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 22 September 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 3197
- Case
- [2022] FWCA 3197
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a safety net of minimum terms and conditions of employment, whether it was free of any unfair content, and whether it was made in accordance with the principles of the Fair Work Act. Additionally, the Commission examined whether the agreement appropriately covered the intended employees and whether it was negotiated in good faith.
The Commission found that the proposed agreement provided an appropriate safety net of minimum terms and conditions, including rates of pay, penalties for exceeding ordinary hours of work, and provisions for overtime and shift loadings. The Commission also determined that the agreement was free of any unfair content and was made in accordance with the principles of the Fair Work Act. The Commission concluded that the agreement was negotiated in good faith and was appropriately covering the intended employees, who were subcontractors of L & L.J. Fabrications Pty Ltd working on architectural features and fittings. Therefore, the Commission approved the L & L.J. Fabrications Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 as a modern award.
Orders
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Background
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Evidence
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Decision
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