Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8416)

ACROW FORMWORK & SCAFFOLDING PTY LTD AND CFMEU
UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 NOVEMBER 2021

Application for approval of the Acrow Formwork & Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2020-2022

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork & Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 6 December 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of a collective agreement between Acrow Formwork & Scaffolding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020-2022. The applicant, Acrow Formwork & Scaffolding Pty Ltd, sought the approval of the agreement to ensure it complied with the relevant industrial relations laws. The respondent, CFMEU, did not oppose the application but submitted observations regarding the agreement. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue for the court to address was whether the collective agreement met the requirements of the Fair Work Act 2009, specifically sections relating to the approval of enterprise agreements. The court needed to determine if the agreement had been fairly negotiated, contained necessary terms, and met the criteria for approval under the Act. The court also had to consider the observations submitted by the respondent and any relevant precedents or guidelines.

In reaching its decision, the court meticulously examined the content of the collective agreement, confirming that it contained all the mandated terms as per the Fair Work Act. The court considered the fairness of the negotiation process, noting that there was no evidence of coercion or undue influence. The court also addressed the observations from the CFMEU, finding them to be non-substantive and not affecting the overall fairness and compliance of the agreement. After thorough consideration, the court found the agreement to be compliant with the necessary legal requirements and approved it.

As a result of the court's decision, the collective agreement between Acrow Formwork & Scaffolding Pty Ltd and the CFMEU for the period 2020-2022 was approved, thereby allowing the terms of the agreement to be legally binding on the parties involved. The court's approval ensured that the agreement could be implemented and enforced according to the provisions of the Fair Work Act.

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