| [2022] FWCA 3093 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/3596)
JMC FACADES AUSTRALIA PTY LTD AS TRUSTEE FOR JMC AUSTRALIA OPERATIONS TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ALUMINIUM & GLASS ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 8 SEPTEMBER 2022 |
Application for approval of the JMC FACADES AUSTRALIA PTY LTD AS TRUSTEE FOR JMC AUSTRALIA OPERATIONS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the JMC FACADES AUSTRALIA PTY LTD AS TRUSTEE FOR JMC AUSTRALIA OPERATIONS TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 15 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 3093
- Case
- [2022] FWCA 3093
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to address included whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly in relation to the procedural fairness and the compliance with the "better off overall test". This test ensures that the agreement provides employees with no less than the benefits they would have received under the relevant award or registered agreement. Additionally, the court needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees.
The court found that the proposed enterprise agreement met all the statutory requirements and passed the "better off overall test". It was noted that the agreement provided various benefits to the employees, including improved wages, working conditions, and job security. The court also found that the process of reaching the agreement was fair and that all parties had been given adequate opportunity to participate in the negotiation process. Consequently, the court approved the enterprise agreement.
The final orders of the court included the approval of the Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 between JMC Facades Australia Pty Ltd, as trustee for the JMC Australia Operations Trust, and the CFMEU (Victorian Construction and General Division). The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the specified commencement date.
Orders
Orders of the court
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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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