DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4990)

PLUS FORM AUST PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2021

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Plus Form Aust Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 May 2021 and, in accordance with s 54, will operate from 20 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union and Plus Form Aust Pty Ltd, regarding the approval of their collective agreement for the period 2019-2023. The crux of the dispute was whether the agreement, which was to be approved by the Fair Work Commission, complied with the relevant statutory requirements under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and industrial disputes.

The central legal issue before the court was whether the collective agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the court needed to assess whether the agreement was bona fide, whether it had been negotiated in good faith, and whether it contained terms and conditions that were consistent with the principles of the Act. Additionally, the court examined whether the agreement was in the best interests of the employees and the employer, and whether it adhered to the relevant industrial awards and other legislative provisions.

In delivering its decision, the Fair Work Commission found that the collective agreement in question was indeed bona fide and had been negotiated in good faith. The Commission concluded that the terms and conditions of the agreement were consistent with the principles of the Fair Work Act and were in the best interests of both the employees and the employer. The Commission also determined that the agreement did not contravene any relevant industrial awards or other legislative provisions. Consequently, the court approved the Plus Form Aust Pty Ltd / CFMEU Collective Agreement 2019-2023.

As a result of the court's decision, the Plus Form Aust Pty Ltd / CFMEU Collective Agreement 2019-2023 was approved and is now in effect. The agreement provides the basis for the terms and conditions of employment between Plus Form Aust Pty Ltd and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union for the specified period. The approval of this agreement ensures that both parties are bound by the agreed terms and conditions, which are compliant with the requirements of the Fair Work Act.

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