| [2022] FWCA 2910 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/3412)
AVOPILING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 25 AUGUST 2022 |
Application for approval of the AVOPILING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the AVOPILING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 1 September 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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<AE517160 PR745119>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 2910
- Case
- [2022] FWCA 2910
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the agreement was genuinely intended to be a bona fide enterprise agreement, and whether it was free from any coercion or other improper conduct. The agreement in question contained provisions regarding wages, conditions, and the roles of subcontractors, which were central to the dispute. The CFMEU argued that the agreement was necessary to protect its members' rights and ensure fair terms, while AVOPILING contended that certain clauses were overly restrictive and could potentially undermine their business operations.
In delivering the judgment, the court examined the agreement clause by clause, ensuring that it complied with the statutory requirements. The court found that the agreement was bona fide and free from any coercive or improper conduct. It concluded that the agreement provided for fair and reasonable terms and conditions for the employees covered by it. The court considered the balance of the agreement and found it to be just and equitable for both parties. Consequently, the court approved the agreement under section 234 of the Fair Work Act 2009.
The final orders of the court were that the Subcontractors Piling Enterprise Agreement 2020-2023 between AVOPILING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) be approved as a registered agreement under section 175 of the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the court's approval. This decision provided certainty and clarity for both parties moving forward, ensuring that the terms of the agreement were legally binding and recognised under the Act.
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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