| [2022] FWCA 1858 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1641)
DIAMOND CONCRETE SAWING PTY LTD T/AS DIAMOND CONCRETE SAWING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | melbourne, 8 JUNE 2022 |
Application for approval of the DIAMOND CONCRETE SAWING PTY LTD T/As DIAMOND CONCRETE SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the DIAMOND CONCRETE SAWING PTY LTD T/As DIAMOND CONCRETE SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 15 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 1858
- Case
- [2022] FWCA 1858
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved whether the proposed enterprise agreement met the statutory criteria for approval as set out in the Fair Work Act 2009. Key concerns included whether the agreement provided a safety net of minimum wages and conditions, ensured fair and reasonable terms, and adhered to procedural fairness. The Commission had to evaluate the balance between the rights of the employees and the operational needs of the employer, alongside the broader implications for the industry.
The Fair Work Commission, after thorough deliberation, found that the agreement was consistent with the statutory criteria. The Commission was satisfied that the agreement provided a safety net of minimum wages and conditions, was fair and reasonable, and complied with the procedural fairness requirements. The terms were deemed to be a product of genuine bargaining, and the Commission was satisfied that the agreement did not undermine the existing industrial relations framework. Therefore, the application for approval was granted.
The final orders included the approval of the DIAMOND CONCRETE SAWING PTY LTD T/As DIAMOND CONCRETE SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2020-2023, with the agreement to be registered and enforceable from the date of the Commission's decision.
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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