| [2022] FWCA 2058 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1945)
A.OK BROTHERS CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division)Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 28 JUNE 2022 |
Application for approval of the A.OK Brothers Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the A.OK Brothers Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass 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 5 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 2058
- Case
- [2022] FWCA 2058
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the FWC needed to determine if the agreement provided for a fair and reasonable rate of pay and conditions, and if it met the other statutory criteria for approval. The FWC also needed to consider whether the agreement was genuinely negotiated between the parties and whether it complied with any relevant modern awards or agreements that might apply to the employees.
The FWC found that the agreement was genuinely negotiated and met all statutory criteria for approval. The FWC considered the evidence presented by both parties and found that the agreement provided for a fair and reasonable rate of pay and conditions for the employees. The FWC also found that the agreement complied with any relevant modern awards or agreements and that it did not contain any terms that were contrary to public policy. As a result, the FWC approved the agreement under section 234 of the Fair Work Act.
The final orders of the FWC were that the A.OK Brothers Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Aluminium & Glass Enterprise Agreement 2020-2023 be approved as a registered agreement under section 172 of the Fair Work Act. The agreement was registered on 15 October 2020 and will remain in force until 14 October 2023, unless terminated earlier in accordance with the agreement or the Fair Work Act.
Orders
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Background
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Evidence
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