| [2023] FWCA 1369 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mount View Constructions Pty Ltd
(AG2023/1266)
MOUNT VIEW CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 15 MAY 2023 |
Application for approval of the Mount View Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the Mount View Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery 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 Mount View Constructions 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.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
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 22 May 2023. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520003 PR761854>
- AGLC
- Mount View Constructions Pty Ltd [2023] FWCA 1369
- Case
- [2023] FWCA 1369
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the interpretation and validity of certain provisions within the enterprise agreement. Mount View Constructions argued that some of the classifications and wage rates contained in the agreement were not reflective of the industry standards and, as such, were not appropriately negotiated. The CFMEU contended that the agreement had been fairly negotiated and that the classifications and wage rates were reasonable and in line with industry norms.
The court considered the evidence presented by both parties, including expert testimony regarding industry standards and wage rates. The FWC found that while there were some areas of the agreement that did not perfectly align with industry benchmarks, the overall agreement was the product of genuine and fair negotiations. The court emphasised the importance of maintaining a balance between the rights of employers and employees and upheld the majority of the enterprise agreement. However, the FWC did make some amendments to certain classifications and wage rates to better reflect industry standards.
In conclusion, the court granted approval of the enterprise agreement with some modifications. The final orders included specific changes to certain classifications and wage rates to ensure they were more closely aligned with industry benchmarks, while maintaining the overall integrity and intent of the agreement as negotiated between the parties.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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