| [2022] FWCA 2578 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/3072)
PERFORMANCE ENGINEERING AND DRAFTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 3 AUGUST 2022 |
Application for approval of the PERFORMANCE ENGINEERING AND DRAFTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the PERFORMANCE ENGINEERING AND DRAFTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
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 10 August 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 2578
- Case
- [2022] FWCA 2578
- Decision Date
CaseChat Overview and Summary
The Commission needed to examine whether the agreement adhered to the statutory minimum terms and conditions outlined in the Fair Work Act, and whether the process of making the agreement was conducted in good faith. The CFMEU argued that all necessary minimum terms and conditions were included, and the agreement was formed through a process that met the good faith requirement. The Commission evaluated the evidence presented by both parties, focusing on the procedural integrity of the agreement's formation and its compliance with the minimum standards.
The Commission found that the agreement contained all the required minimum terms and conditions and was made in good faith. The process of negotiating and finalising the agreement was deemed to be procedurally sound. Therefore, the Commission approved the agreement, concluding that it met all necessary legal criteria. The Commission's decision was based on the comprehensive evidence provided and the adherence to the legal standards set out in the Fair Work Act.
Orders
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Background
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Evidence
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