| [2024] FWCA 3736 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/3869)
TRANSFORM FORMWORK CONTRACTORS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 28 OCTOBER 2024 |
Application for approval of the Transform Formwork Contractors Group Pty Ltd / CFMEU Collective Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the Transform Formwork Contractors Group Pty Ltd / CFMEU Collective Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2024. The nominal expiry date of the Agreement is 4 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 3736
- Case
- [2024] FWCA 3736
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved determining whether the agreement was fairly negotiated, whether it met the requirements for good faith bargaining, and whether it contained provisions that were contrary to public policy or not in the best interests of the employees. Additionally, the Commission had to consider whether the agreement complied with the Fair Work Act's provisions on minimum standards, including those relating to wages, hours of work, and other employment conditions.
In making its decision, the Commission examined the negotiation process and found that it was conducted in good faith, with both parties demonstrating a willingness to reach a mutually acceptable agreement. The Commission also assessed the terms of the agreement and concluded that they were reasonable and not contrary to public policy. The Commission found that the agreement provided adequate protections for employees, including provisions for wages, leave entitlements, and other employment conditions, which were not less favourable than the relevant awards or the national minimum standards. The Commission was satisfied that the agreement was fair and appropriate, and thus approved it.
The Fair Work Commission approved the Transform Formwork Contractors Group Pty Ltd / CFMEU Collective Agreement 2024-2027, recognising it as a lawful and fair agreement that met the statutory requirements under the Fair Work Act. The Commission's decision affirmed the validity of the negotiated terms and provided certainty for both the employees and the employer regarding their employment conditions over the specified period.
Orders
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Background
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Evidence
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Decision
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