DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6603)

BOSFORM LABOUR HIRE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 AUGUST 2021

Application for approval of the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Bosform Labour Hire 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 26 August 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

In the Fair Work Commission, Bosform Labour Hire Pty Ltd applied for the approval of the Bosform Labour Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Collective Agreement 2020‒2022. The CFMEU had entered into an enterprise agreement with Bosform Labour Hire Pty Ltd, and the applicant sought to have this agreement approved as a registered agreement under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement was made in good faith, met the requirements of the Fair Work Act, and provided for a fair and efficient workplace.

The Commission considered whether the agreement was made in good faith and not under duress or coercion. The Commission examined the bargaining process and found that both parties had engaged in good faith negotiations, and there was no evidence of any duress or coercion. The Commission also considered whether the agreement met the requirements of the Fair Work Act, including the provision of minimum entitlements, the right to request flexible working arrangements, and the provision of parental leave. The Commission found that the agreement met all the requirements of the Fair Work Act.

In conclusion, the Commission approved the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 as a registered agreement under the Fair Work Act. The Commission found that the agreement was made in good faith, met all the requirements of the Fair Work Act, and provided for a fair and efficient workplace. The Commission noted that the agreement provided for a range of benefits for employees, including minimum entitlements, flexible working arrangements, and parental leave. The Commission also noted that the agreement provided for a dispute resolution process to address any issues that may arise during the life of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established