| [2022] FWCA 1955 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1815)
CONCRETE STRUCTURAL WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 20 JUNE 2022 |
Application for approval of the CONCRETE STRUCTURAL WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the CONCRETE STRUCTURAL WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 27 June 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 1955
- Case
- [2022] FWCA 1955
- Decision Date
CaseChat Overview and Summary
The primary legal issue the Commission needed to address was whether the agreement met the formal requirements of the Fair Work Act 2009, including the provision of genuine enterprise bargaining. The Commission also needed to assess whether the agreement contained terms that were fair and reasonable in all respects, considering the nature of the enterprise, the industry, and the economic circumstances.
The Fair Work Commission determined that the agreement was formally valid and met all the legislative requirements. The Commission found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable for the employees. The Commission noted the efforts made by both parties to reach an agreement that addressed the specific needs of the industry and the workforce. The Commission was satisfied that the agreement provided for appropriate protections and benefits for the employees, including provisions for wages, conditions, and dispute resolution mechanisms.
As a result of the Commission's determination, the Concrete Structural Works Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023 was approved and registered. The agreement will now govern the employment conditions for the employees covered by it, providing a framework for fair and reasonable terms of employment.
Orders
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Background
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