| [2022] FWCA 2815 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/3328)
PLATINUM POST TENSIONING PTY LTD AS TRUSTEE FOR FAIRWEATHER FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 19 AUGUST 2022 |
Application for approval of the PLATINUM POST TENSIONING PTY LTD AS TRUSTEE FOR FAIRWEATHER FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the PLATINUM POST TENSIONING PTY LTD AS TRUSTEE FOR FAIRWEATHER FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning 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 26 August 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 2815
- Case
- [2022] FWCA 2815
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for enterprise agreements. The Commission also needed to consider whether the agreement contained all the prescribed minimum terms and conditions as mandated by the Fair Work Act. Additionally, the court examined if the agreement was made in good faith and if there was sufficient employee and employer representation in the bargaining process.
After thorough examination, the Fair Work Commission found that the agreement did indeed comply with the necessary legal standards. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it contained all the prescribed minimum terms. The Commission also determined that the agreement was made in good faith and that there was adequate representation from both employees and employers during the bargaining process. Consequently, the application for approval was successful.
The Fair Work Commission approved the PLATINUM POST TENSIONING PTY LTD AS TRUSTEE FOR FAIRWEATHER FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2020-2023, effective from the date of the decision.
Orders
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Background
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