DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6393)

FIX & FORM COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 AUGUST 2021

Application for approval of the FIX & FORM COMMERCIAL 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 FIX & FORM COMMERCIAL 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 12 August 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

The parties involved in the case were FIX & FORM COMMERCIAL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute centred around the application for approval of the FIX & FORM COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The case was heard in the Fair Work Commission, the Australian workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved examining if the agreement complied with the provisions related to good faith bargaining, the inclusion of essential terms, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission had to determine whether the agreement fairly reflected the balance of power between the parties and did not unfairly discriminate against any party.

The Commission concluded that the proposed enterprise agreement was in line with the requirements of the Fair Work Act 2009. It found that the agreement had been negotiated in good faith, contained all the necessary terms, and provided for appropriate dispute resolution mechanisms. The Commission also noted that the agreement fairly reflected the balance of power between the parties and did not unfairly discriminate against either party. Consequently, the Commission approved the enterprise agreement.

In light of the approval, the Fair Work Commission issued an order approving the FIX & FORM COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The order also mandated that the agreement be registered with the Fair Work Commission, thereby making it a legally binding contract between the parties.

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