Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8078)

I.C. FORMWORK (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 NOVEMBER 2021

Application for approval of the l.C. Formwork (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the I.C. Formwork (NSW) 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 15 November 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

The matter before the Full Bench of the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Formwork (NSW) Pty Ltd and CFMEU Collective Agreement for the period 2019-2023. The applicant, CFMEU, sought the endorsement of the agreement, which detailed various terms and conditions of employment for the employees of Formwork (NSW) Pty Ltd. The respondent, Formwork (NSW) Pty Ltd, did not oppose the application but highlighted specific provisions for consideration.

The key legal issues before the court were whether the collective agreement complied with the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining. The court had to examine whether the terms and conditions outlined in the agreement were fair and reasonable, and if they were consistent with the objectives of the Fair Work Act. The court also needed to determine if the agreement contained any provisions that could be considered to be against the public interest or detrimental to the employees.

In delivering the decision, the Full Bench found that the agreement generally complied with the Fair Work Act and adhered to the principles of good faith bargaining. The court considered the specific provisions raised by the respondent and found that while some of the terms could be improved, they did not render the agreement unfair or unreasonable. The court emphasised the importance of maintaining a fair balance between the rights of employers and employees, and acknowledged the need for flexibility in the workplace. The Full Bench approved the collective agreement subject to the condition that certain specified provisions be reviewed and potentially amended in the future to ensure ongoing fairness and reasonableness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established