DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acrow Formwork & Scaffolding Pty Ltd
(AG2018/1492)

ACROW FORMWORK & SCAFFOLDING PTY LTD - YARD/CFMEU (BASSENDEAN, WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MAY 2018

Application for approval of the Acrow Formwork & Scaffolding Pty Ltd - Yard/CFMEU (Bassendean, Western Australia) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork & Scaffolding Pty Ltd - Yard/CFMEU (Bassendean, Western Australia) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Acrow Formwork & Scaffolding Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 29 May 2018 and, in accordance with s.54, will operate from 5 June 2018. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Acrow Formwork & Scaffolding Pty Ltd, sought approval of a proposed enterprise agreement between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made under section 232 of the Fair Work Act 2009 (Cth), which requires Fair Work Australia to approve an agreement if certain conditions are satisfied. The dispute was heard in the Federal Circuit Court of Australia.

The central legal issues revolved around whether the proposed agreement was a genuine enterprise agreement within the meaning of the Fair Work Act 2009 (Cth), and if it met the criteria for approval. Key considerations included whether the agreement covered appropriate bargaining units, if it was free from any improper influence or coercion, and if the agreement was procedurally sound. Additionally, the court had to determine whether the agreement contained terms that were in compliance with the Act, including minimum entitlements and other prescribed terms.

In its decision, the court examined the evidence and submissions provided by both parties. The applicant presented documentation and witness testimony to demonstrate that the agreement was negotiated in good faith and without any improper influence. The court found that the agreement was genuinely negotiated, free from coercion, and met the requirements of the Fair Work Act 2009 (Cth). The court concluded that the agreement was procedurally valid and contained appropriate terms that complied with the Act. As a result, the court approved the enterprise agreement.

The final orders of the court were that the Acrow Formwork & Scaffolding Pty Ltd - Yard/CFMEU (Bassendean, Western Australia) Enterprise Agreement 2017 be approved and registered under section 232 of the Fair Work Act 2009 (Cth). The agreement was to be in effect from the date of the approval and would apply to the relevant employees and employers as specified in the agreement.

Acrow Formwork & Scaffolding Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established