CFMEU v Form 700 Pty Ltd

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), brought proceedings against the respondent, Form 700 Pty Ltd, in the Federal Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Form 700 Pty Ltd.

The primary legal issue before the Court was whether Form 700 Pty Ltd had contravened section 50 of the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth) by failing to provide the CFMEU with a copy of a written agreement, as required by that section. The CFMEU also alleged that Form 700 Pty Ltd had contravened section 346 of the *Fair Work Act 2009* (Cth) by taking adverse action against an employee for exercising a workplace right.

In determining the first issue, his Honour Judge O'Sullivan considered the scope of section 50 of the *Building and Construction Industry (Improving Productivity) Act 2013* (Cth) and the definition of a "written agreement" for the purposes of that section. His Honour found that the document in question did not constitute a "written agreement" as contemplated by the Act, and therefore, Form 700 Pty Ltd had not contravened section 50. Regarding the second issue, his Honour found that the CFMEU had not established that Form 700 Pty Ltd had taken adverse action against the employee for exercising a workplace right, and therefore, no contravention of section 346 of the *Fair Work Act 2009* (Cth) was made out.

The Court ordered that the application be dismissed.