Conan Godrich T/A Acrow Formwork And Scaffolding Pty Limited Summary

[2021] FWCA 6807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Conan Godrich T/A Acrow Formwork And Scaffolding Pty Limited
(AG2021/8054)

ACROW FORMWORK & SCAFFOLDING PTY LTD -YARD/CFMEU (BASSENDEAN, WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 NOVEMBER 2021

Application for approval of the Acrow Formwork & Scaffolding Pty Ltd -Yard/CFMEU (Bassendean, Western Australia) Enterprise Agreement 2021

[1] Conan Godrich T/A Acrow Formwork And Scaffolding Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Acrow Formwork & Scaffolding Pty Ltd -Yard/CFMEU (Bassendean, Western Australia) Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 23 November 2021 and, in accordance with s 54, will operate from 30 November 2021. The nominal expiry date of the Agreement is 1 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The applicant, Conan Godrich trading as Acrow Formwork and Scaffolding Pty Limited, sought approval of the Enterprise Agreement 2021 between the company and the Yard/CFMEU (Bassendean, Western Australia). The dispute arose over whether the agreement complied with the relevant legislative framework and was fairly negotiated. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement 2021 met the requirements of the Fair Work Act 2009, specifically whether it was fairly negotiated and complied with the necessary procedural standards. The Commission also had to determine if the agreement contained appropriate terms and conditions for the employees and the employer. The Court considered the evidence presented by both parties, including the negotiation process, the fairness of the terms, and the compliance with the statutory requirements.

After reviewing the evidence and submissions, the Commission found that the Enterprise Agreement 2021 was fairly negotiated and met the statutory requirements. The Commission concluded that the agreement was made in good faith and contained appropriate terms and conditions for both the employees and the employer. The Commission approved the Enterprise Agreement 2021, finding it to be in compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Enterprise Agreement 2021 between Acrow Formwork and Scaffolding Pty Limited and the Yard/CFMEU (Bassendean, Western Australia). The Commission determined that the agreement was fairly negotiated and complied with the statutory requirements, and thus, was approved.

Conan Godrich T/A Acrow Formwork And Scaffolding Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established