| [2022] FWCA 1047 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/785)
TKZ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | SYDNEY, 30 MARCH 2022 |
Application for approval of the TKZ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the TKZ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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 6 April 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE515469 PR739635>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 1047
- Case
- [2022] FWCA 1047
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009 and whether it complied with the good faith bargaining and other procedural requirements. The Commission had to consider whether the agreement was made in good faith, whether it contained the minimum terms and conditions required by the Act, and whether it complied with other relevant provisions of the Fair Work Act 2009.
The Commission found that the agreement was made in good faith and contained the minimum terms and conditions required by the Act. The parties had engaged in genuine and meaningful bargaining, and the agreement reflected the parties' respective positions and interests. The Commission also found that the agreement complied with all other relevant provisions of the Fair Work Act 2009. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties and was in the best interests of the employees covered by the agreement. Accordingly, the Commission approved the agreement.
The Fair Work Commission approved the Subcontractors Demolition Enterprise Agreement 2020-2023 between TKZ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division). The agreement will now be registered and will apply to the employees covered by the agreement from 1 July 2020 until 30 June 2023. The Commission's approval ensures that the agreement complies with the requirements of the Fair Work Act 2009 and provides a fair and reasonable outcome for both parties.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.