| [2023] FWCA 1723 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Conway Family Trust T/A GCar Pty Ltd
(AG2023/1715)
GCAR PTY LTD AND THE CFEMU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 14 JUNE 2023 |
Application for approval of the GCar Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the GCar Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 Conway Family Trust T/A GCar 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, Mining and Energy Union (CFEMU) 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 21 June 2023. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520338 PR763044>
- AGLC
- The Conway Family Trust T/A GCar Pty Ltd [2023] FWCA 1723
- Case
- [2023] FWCA 1723
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the "better off overall test" (BOOT). This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The Commission also had to determine if the agreement met the requirements for a "simple" or "complex" agreement under the Fair Work Regulations 2009 and whether any provisions were contrary to public policy or unfair.
The Fair Work Commission found that the agreement was compliant with the better off overall test and met the requirements for a simple agreement. The Commission concluded that the proposed agreement provided fair and reasonable terms and conditions for the employees, without any provisions that contravened public policy or were unfair. The Commission emphasised the importance of maintaining a balance between the rights of employers and employees and ensuring that the agreement reflected the realities of the industry.
The final orders of the Fair Work Commission were to approve the Subcontractors Concrete Pumping Enterprise Agreement 2020-2023 as a simple agreement. The Commission determined that the agreement was in the best interests of the employees and should be approved to take effect from the date of the decision. The approval was subject to the conditions that the agreement would be registered with the Fair Work Ombudsman and that any disputes arising from the agreement would be handled in accordance with the Fair Work Act 2009.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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