| [2022] FWCA 3741 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Harris Hmc Construction (Vic Major) Pty Ltd
(AG2022/4341)
Harris HMC Construction (VIC MAJOR) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 26 OCTOBER 2022 |
Application for approval of the Harris HMC Construction (VIC MAJOR) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the Harris HMC Construction (VIC MAJOR) Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 Harris HMC Construction (Vic Major) Pty Ltd. 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 2 November 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Harris Hmc Construction (Vic Major) Pty Ltd [2022] FWCA 3741
- Case
- [2022] FWCA 3741
- Decision Date
CaseChat Overview and Summary
The legal issues that the Commission addressed involved the interpretation and application of the Fair Work Act 2009 to the specifics of the enterprise agreement. Key questions included whether the agreement was genuinely made in good faith, whether it provided for the proper operation of businesses, and whether it adequately covered the matters specified in section 228 of the Act. The Commission also needed to consider whether the agreement provided for the proper operation of businesses, as required by section 229 of the Act.
In examining these issues, the Commission considered the evidence and submissions provided by both parties. It took into account the content of the enterprise agreement, the negotiation process, and the impact on the businesses involved. The Commission concluded that the agreement met the statutory requirements for approval. It found that the agreement was genuinely made in good faith, it provided for the proper operation of businesses, and it contained all the necessary provisions as required by the Fair Work Act 2009. Accordingly, the Commission approved the enterprise agreement.
The Fair Work Commission approved the Harris HMC Construction (VIC MAJOR) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023. The decision confirmed that the agreement complied with the statutory requirements under the Fair Work Act 2009, including being made in good faith and providing for the proper operation of businesses. The approval was effective from the date of the decision, and the agreement was registered with the Commission.
Orders
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Background
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Evidence
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Decision
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