Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7940)

CK FORMWORK GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 NOVEMBER 2021

Application for approval of the CK FORMWORK GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the CK FORMWORK GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2021. The nominal expiry date of the Agreement is 30 June 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, on behalf of employees in the formwork industry, applied for the approval of the CK Formwork Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The dispute centred on the terms and conditions of employment and remuneration within the formwork industry, specifically focusing on the agreement's compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The commission was tasked with determining whether the proposed agreement met the criteria for registration and if it was in the best interests of the employees involved.

The central legal issues revolved around the agreement's fairness, whether it provided for the safety, health, and welfare of employees, and if it complied with the minimum standards set by the Fair Work Act. The commission examined the provisions related to wages, hours of work, leave entitlements, and other employment conditions. Additionally, the commission assessed whether the agreement met the "better off overall test," ensuring that employees would be better off under the new agreement than under the applicable award or enterprise agreement.

The commission found that the agreement was fair and in the best interests of the employees. It provided for adequate remuneration, reasonable working hours, and sufficient leave entitlements. The agreement also included provisions for the safety and health of employees, aligning with the minimum standards set by the Fair Work Act. Furthermore, the commission determined that the agreement met the "better off overall test," as employees would experience improved conditions and benefits under the new agreement. Consequently, the commission approved the CK Formwork Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023, making it a registered agreement under the Fair Work Act.

In its decision, the commission approved the enterprise agreement and registered it under the Fair Work Act, effective from the date of the decision. The approval ensures that the terms and conditions of employment within the formwork industry will be governed by the agreed-upon provisions, providing stability and clarity for both employers and employees. This outcome reflects the commission's commitment to facilitating fair and reasonable agreements that benefit all parties involved in the industry.

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