| [2022] FWCA 1398 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1146)
Connor Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER WILSON | MELBOURNE, 26 APRIL 2022 |
Application for approval of the CONNOR STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the CONNOR STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 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.
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 3 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 1398
- Case
- [2022] FWCA 1398
- Decision Date
CaseChat Overview and Summary
The primary legal issues the Commission was required to determine were whether the agreement provided for minimum terms and conditions that were fair and reasonable, and whether the agreement had been made in accordance with the requirements of the Fair Work Act. This involved assessing the provisions of the agreement against the minimum terms and conditions set out in the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, and determining whether the agreement complied with the statutory requirements for negotiation and approval.
The Commission found that the agreement provided for minimum terms and conditions that were fair and reasonable, and that it had been made in accordance with the requirements of the Fair Work Act. The Commission noted that the agreement provided for a range of benefits for employees, including increased wages, improved leave entitlements, and better access to training and development opportunities. The Commission also found that the agreement had been negotiated in good faith by the parties and that it complied with the statutory requirements for approval. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for the employees covered by the agreement.
The final orders of the Commission were that the Connor Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act. The agreement was registered on the date of the Commission's decision, and became effective from 1 July 2020. The orders also provided for the agreement to be published on the Fair Work Commission's website, and for the parties to take such steps as were necessary to give effect to the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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