Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8987)

C.R. FORMWORK PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 DECEMBER 2021

Application for approval of the C.R. Formwork Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

[1] An application has been made for approval of a greenfields agreement known as the C.R. Formwork Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.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 Construction, Forestry, Maritime, Mining and Energy Union is 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a collective agreement between C.R. Formwork Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union Minor Civil Construction Union. The applicant sought approval for the collective agreement under the Fair Work Act 2009, aiming to ensure its compliance with the legislative framework governing workplace relations in Australia. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including its alignment with the Fair Work Act's provisions and its fairness to all parties involved.

The primary legal issue the Commission had to address was whether the collective agreement contained terms that were procedurally and substantively fair and balanced. This involved assessing the agreement's provisions against the relevant legislative standards, including the Fair Work Act's requirement for agreements to provide for the protection of employees and to promote harmonious, productive, and cooperative workplace relations. The Commission also needed to consider whether the agreement adequately provided for the resolution of disputes and the protection of employees' rights, as well as whether it complied with any applicable minimum standards.

In reaching its decision, the Commission carefully examined the provisions of the collective agreement and the submissions made by both the applicant and the relevant union. The Commission found that the agreement was procedurally fair, as it had been negotiated in good faith and followed the appropriate processes. The substantive fairness of the agreement was also upheld, as it provided for terms and conditions that were reasonable and balanced, taking into account the interests of both the employer and the employees. The Commission determined that the agreement complied with the Fair Work Act and met the necessary criteria for approval, leading to the approval of the collective agreement.

The Commission's decision concluded with the formal approval of the collective agreement, effective from the date specified in the agreement. This approval ensures that the terms and conditions outlined in the agreement are legally binding on the parties and provides a framework for the management of workplace relations between C.R. Formwork Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union Minor Civil Construction Union for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established