DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6161)

FIRST CLASS FORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 JULY 2021

Application for approval of the First Class Form Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the First Class Form 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 29 July 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 Fair Work Commission involved an application for the approval of the First Class Form Pty Ltd/CFMEU Collective Agreement 2019-2023. The parties to the agreement were First Class Form Pty Ltd, represented by its director, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment contained within the proposed collective agreement, which the CFMEU sought to have recognised and enforced for its members employed by First Class Form Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative provisions under the Fair Work Act 2009.

The key legal issues before the Commission were whether the collective agreement met the criteria for being a “certified agreement” as defined in the Fair Work Act. This involved assessing whether the agreement was made in good faith, covered a workplace or group of workplaces, was made with appropriate representation, and did not discriminate against employees. Additionally, the Commission had to consider whether the agreement complied with the applicable minimum terms and conditions as set out in the relevant modern award.

The Commission found that the collective agreement was made in good faith and covered the specified workplaces. It was determined that the CFMEU had appropriate representation to negotiate the agreement on behalf of its members. The Commission also confirmed that the agreement did not discriminate against employees and that it complied with the minimum terms and conditions stipulated in the relevant modern award. Therefore, the Commission approved the application for the collective agreement to be registered. The decision was based on the comprehensive evidence provided and the conclusion that the agreement met all statutory requirements.

The Fair Work Commission approved the application for the registration of the First Class Form Pty Ltd/CFMEU Collective Agreement 2019-2023. The agreement is now a certified agreement and will govern the employment conditions of the relevant employees from the effective date 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