DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4802)

ATF ACTION FORMWORK (QLD) TRUST T/AS ACTION FORMWORK (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

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

Application for approval of the ATF Action Formwork (QLD) Trust T/As Action Formwork (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the ATF Action Formwork (QLD) Trust T/As Action Formwork (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (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 12 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

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 Action Formwork (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020‒2022. The parties were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees, and Action Formwork (QLD) Pty Ltd, the employer. The dispute centred on whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission was tasked with ensuring that the agreement met the statutory requirements for approval and did not contravene any provisions of the Act.

The legal issues before the Commission included determining whether the proposed agreement was genuinely negotiated between the parties, whether it contained provisions that were contrary to public policy or industrial law, and whether it provided for adequate dispute resolution mechanisms. Additionally, the Commission needed to assess if the agreement included terms that were reasonably necessary for the protection of the employees' interests and if it was consistent with the principles of good faith bargaining. The Commission also had to consider whether the employer had complied with the procedural requirements set out in the Act, including providing the CFMEU with all relevant information and facilitating a meaningful bargaining process.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the provisions of the Fair Work Act. The Commission found that the agreement was genuinely negotiated and contained provisions that were necessary for the protection of the employees' interests. It was determined that the agreement did not contravene any provisions of the Act and provided for adequate dispute resolution mechanisms. The Commission also found that the employer had complied with the procedural requirements, ensuring a fair and transparent bargaining process. Based on these findings, the Commission approved the proposed collective agreement, recognising it as a bona fide agreement that met the statutory requirements for approval.

The Fair Work Commission's decision resulted in the approval of the Action Formwork (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020‒2022. The Commission's approval was based on its determination that the agreement was genuinely negotiated, contained provisions necessary for the protection of employees' interests, and adhered to the principles of good faith bargaining and procedural fairness. The Commission's decision ensures that the agreement is legally binding and can be enforced under 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