Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8991)

C.R. FORMWORK PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

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 Union Collective Agreement 2020-2022

[1] An application has been made for approval of a greenfields agreement known as the C.R. Formwork Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of a collective agreement between the union and C.R. Formwork Pty Ltd. The union sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The applicant sought approval for the agreement as it was intended to regulate the terms and conditions of employment for employees of the respondent.

The key legal issue before the commission was whether the agreement met the requirements for approval under section 231 of the Fair Work Act. The commission had to consider whether the agreement was a genuine agreement, whether it contained only matters that could be the subject of a registered agreement, and whether it complied with the good faith bargaining obligations. Additionally, the commission had to determine whether the agreement met the criteria for being a low paid industry agreement and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

The commission found that the agreement was a genuine agreement that had been made in good faith. The agreement contained only matters that could be the subject of a registered agreement and met the criteria for being a low paid industry agreement. The commission also found that the agreement was consistent with the Fair Work (Registered Organisations) Act 2009. The commission was satisfied that the agreement met all the requirements for approval under section 231 of the Fair Work Act and approved the agreement as a registered agreement.

The commission approved the agreement as a registered agreement under the Fair Work Act 2009, effective from 1 January 2020 to 31 December 2022. The agreement regulates the terms and conditions of employment for employees of C.R. Formwork Pty Ltd and is binding on the parties until it is terminated or replaced by a new agreement. The approval of the agreement provides certainty and stability to the employment relationship between the union and the respondent.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established