| [2022] FWCA 2193 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/2093)
QUEEN CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) SubcontractorsCaulking and Sealing Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 5 JULY 2022 |
Application for approval of the QUEEN CONSTRUCTIONS 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 QUEEN CONSTRUCTIONS 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 12 July 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 2193
- Case
- [2022] FWCA 2193
- Decision Date
CaseChat Overview and Summary
The court was required to decide if the agreement was a genuine enterprise agreement, which included assessing whether it was made by employers and employees, was made in good faith, and whether the agreement was made for the purposes of specifying the terms and conditions of employment. Additionally, the court needed to ensure that the agreement complied with all relevant sections of the Fair Work Act, including provisions on minimum entitlements and the procedural fairness requirements for the agreement-making process.
The Fair Work Commission found that the agreement met all necessary criteria for approval. The court examined the evidence and submissions provided by both parties and concluded that the agreement was a genuine enterprise agreement. The agreement was found to be made in good faith, and it specified the terms and conditions of employment as required by the Fair Work Act. The court also determined that the agreement was procedurally sound, with appropriate steps taken to ensure the participation and input of the relevant employees. Consequently, the court approved the agreement for registration and enforcement.
As a result of the court's decision, the QUEEN CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking and Sealing Enterprise Agreement 2020-2023 was approved for registration and enforcement. The agreement is now a legally binding document that outlines the terms and conditions of employment for the relevant employees, and it will be enforceable under the Fair Work Act.
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Background
Background to the litigation
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Evidence
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