| [2022] FWCA 1505 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1241)
DARDI MUNWURRO LABOUR & TRAFFIC MANAGEMENT PTY LIMITED and the CFMEU (Victorian Construction and General Division) Indigenous Employment & Training Greenfields Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 9 MAY 2022 |
Application for approval of the DARDI MUNWURRO LABOUR & TRAFFIC MANAGEMENT PTY LIMITED and the CFMEU (Victorian Construction and General Division) Indigenous Employment & Training Greenfields Enterprise Agreement 2020-2023
An application has been made for approval of a greenfields agreement known as the DARDI MUNWURRO LABOUR & TRAFFIC MANAGEMENT PTY LIMITED and the CFMEU (Victorian Construction and General Division) Indigenous Employment & Training Greenfields Enterprise Agreement 2020-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
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.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 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 1505
- Case
- [2022] FWCA 1505
- Decision Date
CaseChat Overview and Summary
The central legal issues addressed by the Commission related to whether the enterprise agreement complied with the formal requirements under the Fair Work Act, whether it met the 'better off overall test' and if it adhered to the 'no disadvantage test'. The Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was negotiated in good faith.
In its decision, the Commission detailed that the agreement was appropriately negotiated and met the formal requirements. The Commission found that the agreement did not result in any employee being worse off overall and that it did not disadvantage any employee in comparison to those not covered by the agreement. The terms were considered fair and reasonable, taking into account the specific context and needs of the parties involved. The Commission concluded that the agreement satisfied all necessary legal criteria and approved the enterprise agreement. The approval signifies that the agreement can now be implemented and will provide a framework for the terms and conditions of employment between the parties for the period 2020 to 2023.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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