| [2022] FWCA 1379 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1137)
STRAIGHTLINE CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | SYDNEY, 26 APRIL 2022 |
Application for approval of the STRAIGHTLINE CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the STRAIGHTLINE CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 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 1379
- Case
- [2022] FWCA 1379
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the commission was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, which mandates that an enterprise agreement must provide for certain minimum terms and conditions, including provisions for employee classification, wage rates and other allowances, penalty rates, leave entitlements, and other terms and conditions of employment. The commission also considered whether the agreement contained any terms that would be contrary to public policy or undermine the operation of the Act.
In determining the application, the commission examined the contents of the agreement and found that it included provisions for employee classification, wage rates, allowances, penalty rates, and leave entitlements, among other terms. The commission noted that the agreement was negotiated in good faith and provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The commission also found that the agreement did not contain any terms that were contrary to public policy or undermined the operation of the Act.
Accordingly, the commission approved the agreement under section 232 of the Fair Work Act 2009. The agreement is now a registered enterprise agreement, and the terms and conditions set out in the agreement apply to the employees covered by the agreement. The decision provides guidance to employers and unions on the requirements for negotiating and registering enterprise agreements under the Fair Work Act 2009.
Orders
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Background
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Evidence
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