| [2022] FWCA 2349 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The trustee for Forte Signs Unit Trust T/A Forte Signs (Australia) Pty Ltd
(AG2022/2276)
Forte Signs (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 15 JULY 2022 |
Application for approval of the Forte Signs (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the Forte Signs (Australia) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Signage and Sign Writers 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 trustee for Forte Signs Unit Trust T/A Forte Signs (Australia) 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
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 July 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
Printed by authority of the Commonwealth Government Printer
<AE516658 PR743753>
- AGLC
- The trustee for Forte Signs Unit Trust T/A Forte Signs (Australia) Pty Ltd [2022] FWCA 2349
- Case
- [2022] FWCA 2349
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the enterprise agreement met the requirements under the Fair Work Act 2009, specifically whether it was fairly and genuinely negotiated, complied with procedural fairness, and did not have any unfair content. The court also needed to consider the extent to which the agreement aligned with national minimum standards and whether it provided for the fair resolution of disputes between the parties.
The court reviewed the submissions and evidence presented by both the trustee for Forte Signs Unit Trust and the CFMEU. The court found that the agreement was fairly and genuinely negotiated and did not contain any unfair content. The trustee demonstrated that the agreement had been properly negotiated in good faith, and all procedural fairness requirements were met. Additionally, the court was satisfied that the agreement complied with national minimum standards and provided for the fair resolution of disputes. Given these findings, the court approved the enterprise agreement, ensuring that the terms and conditions set out would govern the relationship between the parties for the specified period.
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.