| [2022] FWCA 1334 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1068)
Façade Site Services Pty Ltd and CFMEU (WA) EnterpriseAgreement 2020-2024
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 20 APRIL 2022 |
Application for approval of the Façade Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024
An application has been made for approval of a greenfields agreement known as the Façade Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (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.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 27 April 2022. The nominal expiry date of the Agreement is 31 December 2024.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 1334
- Case
- [2022] FWCA 1334
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions required by the Act, whether the agreement had been made in good faith and whether it complied with the public interest test. The Commission considered whether the agreement provided for a fair and efficient workplace, including adequate provisions for minimum wages, penalty rates, leave entitlements and dispute resolution mechanisms. Additionally, the Commission needed to assess whether the agreement was free from any improper influences or coercion and whether it would promote the broader economic and social interests of the community.
The Commission found that the agreement contained all the mandatory terms and conditions required by the Act and was made in good faith. The agreement was deemed to be fair and efficient, providing for appropriate minimum wages, penalty rates, leave entitlements and dispute resolution mechanisms. The Commission also determined that the agreement was free from any improper influences or coercion and would promote the broader economic and social interests of the community. Accordingly, the Commission approved the Façade Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024.
The final orders of the Commission were that the Façade Site Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 be approved and registered under the Fair Work Act 2009. The agreement would now be legally binding on the parties and would apply to all employees covered by the agreement. The approval of the agreement was a significant step forward in providing a fair and efficient workplace for employees in the façade services industry.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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