DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5000)

FORM 700 PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 MAY 2021

Application for approval of the FORM 700 PTY LTD / CFMEU South Australia Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the FORM 700 PTY LTD / CFMEU South Australia Enterprise Agreement 2021 (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 25 May 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, led by Commissioner McCabe, received an application for the approval of the Form 700 Pty Ltd/ CFMEU South Australia Enterprise Agreement 2021. The applicant, Form 700 Pty Ltd, is an employer engaged in the production of precast concrete products, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), represents the employees in this matter. The dispute revolves around the approval of the terms and conditions of employment set out in the proposed enterprise agreement.

The primary legal issues the Commission had to address were whether the enterprise agreement met the requirements of the Fair Work Act 2009, specifically sections 231 and 232. The Commission also needed to consider whether the agreement provided for genuine bargaining and if it contained provisions that were consistent with the objectives of the Act, such as promoting high wages and conditions.

In its decision, the Commission noted that the parties had engaged in genuine bargaining, evidenced by the negotiation process and the presence of a bona fide dispute. The Commission examined the proposed agreement's provisions, finding that they were consistent with the objectives of the Act and provided for the promotion of high wages and conditions. The Commission was satisfied that the agreement did not contain any provisions that would be detrimental to the employees or the employer, and that the agreement was fair and reasonable.

The Commission approved the Form 700 Pty Ltd/ CFMEU South Australia Enterprise Agreement 2021, effective from 1st July 2021. The agreement, which will remain in force for four years, sets out the terms and conditions of employment for the employees of Form 700 Pty Ltd, as well as the rights and obligations of both the employer and the employees.

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