| [2022] FWCA 266 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/9284)
Canberra Formwork Solutions Pty Ltd and CFMEU ACT Enterprise Agreement 2021
| Building, metal and civil construction industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 3 FEBRUARY 2022 |
Application for approval of the Canberra Formwork Solutions Pty Ltd and CFMEU ACT Enterprise Agreement 2021.
An application has been made for approval of a greenfields agreement known as the Canberra Formwork Solutions Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union (the CFMEU) pursuant to s.185 of the Fair Work Act 2009 (the Act).
The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers the organisation.
The Agreement was approved on 3 February 2022 and, in accordance with s.54 of the Act, will operate from 10 February 2022. The nominal expiry date of the Agreement is 31 March 2022.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE514760 PR737898>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 266
- Case
- [2022] FWCA 266
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions required by the Act, whether the agreement was made in good faith and whether it met the requirements for "better off overall and in the round" for the employees. Additionally, the Commission had to determine if there was adequate bargaining between the parties and whether the agreement complied with the provisions regarding the protection of employees' rights.
In its decision, the Fair Work Commission found that the agreement did contain all the necessary mandatory terms and conditions, and that it was made in good faith. The Commission also concluded that the agreement was better off overall and in the round for the employees, taking into account the various benefits and detriments. The evidence presented showed that there was adequate bargaining between the parties, and the Commission was satisfied that the agreement met all the statutory requirements. Consequently, the application for approval was granted, and the agreement was registered under the Act.
The final orders of the Commission included the registration of the Canberra Formwork Solutions Pty Ltd and CFMEU ACT Enterprise Agreement 2021, effective from the date of the decision. The Commission also ordered that the agreement be published in accordance with the provisions of the Fair Work Act 2009. The decision effectively resolved the dispute and provided a framework for the terms and conditions of employment for the employees covered by the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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