| [2022] FWCA 2750 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/3265)
ULTRA SEAL & CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 16 AUGUST 2022 |
Application for approval of the ULTRA SEAL & CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the ULTRA SEAL & CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing 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 23 August 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE517011 PR744778>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 2750
- Case
- [2022] FWCA 2750
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around the fairness and compliance of the proposed agreement with the statutory requirements set forth in the Fair Work Act. These included ensuring that the agreement was free from any adverse action and that it provided for minimum rates of pay and conditions of employment. The Commission also needed to consider whether the agreement was negotiated in good faith and whether it provided for minimum entitlements and pay rates. Furthermore, the court had to examine whether the agreement included appropriate mechanisms for dispute resolution and whether it aligned with the broader objectives of the Act, including facilitating productivity and maintaining harmonious workplace relations.
After careful consideration of the arguments presented by both parties, the Commission determined that the proposed agreement met all the statutory requirements for approval. The agreement was found to be fair and compliant, providing for minimum rates of pay and conditions of employment that aligned with the broader objectives of the Fair Work Act. The Commission was satisfied that the agreement was negotiated in good faith and included appropriate mechanisms for dispute resolution. Consequently, the application for approval was granted, and the Enterprise Agreement for the period 2020-2023 was approved.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.