Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8683)

FORM FORCE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 DECEMBER 2021

Application for approval of the Form Force Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the Form Force Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement between Form Force Pty Ltd and the union for the period 2019-2023. The agreement proposed various terms and conditions of employment, including wage rates, hours of work, and other employment-related matters. Form Force Pty Ltd contested the approval, raising concerns over the fairness and reasonableness of certain provisions within the agreement.

The central legal issue before the Commission was whether the collective agreement contained terms that were fair and reasonable in all respects. The Commission had to consider whether the agreement complied with the relevant statutory requirements under the Fair Work Act 2009, particularly focusing on whether it met the criteria for being a "modern award." Additionally, the Commission had to examine if the agreement provided adequate protections and benefits for the employees, and if it was consistent with the principles of good faith bargaining and the broader objectives of the Act.

The Commission thoroughly examined the provisions of the collective agreement, taking into account the submissions from both parties. It assessed the fairness and reasonableness of the proposed terms by considering factors such as the nature of the industry, the bargaining power of the parties, and the overall economic context. The Commission concluded that, despite some concerns raised by Form Force Pty Ltd, the agreement was fair and reasonable in all respects. The proposed terms were found to be consistent with the statutory requirements, providing adequate protections and benefits for the employees while promoting good faith bargaining. Consequently, the Commission approved the collective agreement for the specified period.

The final orders of the Commission were that the Form Force Pty Ltd / CFMEU Collective Agreement 2019-2023 be approved as a modern award, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all employers and employees covered by the agreement were required to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established