| [2022] FWCA 2136 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/2041)
BRENT YOUNG CRANES PTY LTD AS TRUSTEE FOR JY CRANES BUSINESS TRUST T/As JOHNSON & YOUNG CRANES and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | MELBOURNE, 1 JUly 2022 |
Application for approval of the BRENT YOUNG CRANES PTY LTD AS TRUSTEE FOR JY CRANES BUSINESS TRUST T/As JOHNSON & YOUNG CRANES and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the BRENT YOUNG CRANES PTY LTD AS TRUSTEE FOR JY CRANES BUSINESS TRUST T/As JOHNSON & YOUNG CRANES and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 8 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 2136
- Case
- [2022] FWCA 2136
- Decision Date
CaseChat Overview and Summary
The court was tasked with assessing whether the agreement complied with the provisions of the Fair Work Act, including the requirements for good faith bargaining and whether it provided for a fair and efficient workplace. The court also considered if the agreement addressed the needs of the employees and if it was consistent with the principles of the Australian labour market, including the minimum standards set by the relevant awards and the National Employment Standards.
After reviewing the agreement and the submissions made by both parties, the court found that the enterprise agreement was consistent with the requirements of the Fair Work Act. The court determined that the agreement had been negotiated in good faith and contained provisions that were fair and efficient for both the employer and the employees. The agreement was also found to be consistent with the broader labour market and met the minimum standards set by the relevant awards and the National Employment Standards. Consequently, the court approved the enterprise agreement.
The final orders of the court were that the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 was approved and registered under the Fair Work Act 2009.
Orders
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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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