DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5875)

FORM REO POUR AUST PTY LTD TAS FORM REO POUR AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 JULY 2021

Application for approval of the FORM REO POUR AUST PTY LTD Tas FORM REO POUR 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 FORM REO POUR AUST PTY LTD Tas FORM REO POUR 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of two enterprise agreements. The parties to the dispute were the Form REO Pour AUST PTY LTD Tas and the CFMEU (Victorian Construction and General Division) Subcontractors, who sought approval for the Form REO Pour and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission, an industrial relations tribunal in Australia.

The legal issues the court had to address revolved around the compliance of the agreements with the provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreements met the requirements for genuine bargaining, were free from prohibited content, and were in the best interests of the employees. The court also had to consider whether the agreements provided for appropriate mechanisms for resolving disputes and whether they complied with any relevant industry codes of practice.

In reaching its decision, the Fair Work Commission considered the evidence and submissions presented by both parties. The court found that the agreements had been genuinely bargained and were free from prohibited content. The agreements were also found to be in the best interests of the employees, providing for fair and reasonable terms and conditions of employment. The court further found that the agreements provided for appropriate mechanisms for resolving disputes and complied with any relevant industry codes of practice. Based on these findings, the Fair Work Commission approved the enterprise agreements.

The Fair Work Commission made orders approving the Form REO Pour and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The orders were made under section 171 of the Fair Work Act 2009, which sets out the conditions for the approval of enterprise agreements. The orders are effective from the date of the decision and will remain in force until the end of the agreement period, which is 2023. The approval of the agreements means that the terms and conditions set out in the agreements will apply to the employees covered by the agreements.

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