DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4751)

SUPERFORM (QLD) PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2020-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 MAY 2021

Application for approval of the Superform (QLD) Pty Limited and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Superform (QLD) Pty Limited 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 10 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 parties involved in this case were Superform (QLD) Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of a collective agreement between the two parties for the period 2020 to 2022. The application for approval was heard by the Fair Work Commission (FWC). The legal issues before the FWC required it to determine whether the proposed collective agreement was in the best interests of the employees and if it met the criteria set out under the Fair Work Act 2009.

The FWC needed to consider the fairness and appropriateness of the proposed agreement, including the terms and conditions it contained. The Commission had to ensure that the agreement did not unfairly disadvantage any party and that it was in line with the overarching principles of the Fair Work Act. Additionally, the FWC had to determine if the agreement met the necessary criteria for approval, such as the absence of any terms that would undermine the collective bargaining process or have a detrimental impact on the workforce.

In examining the application, the FWC found that the proposed agreement was fair and reasonable for both the employer and the employees. The Commission noted that the agreement provided for a balanced set of terms and conditions that were beneficial to all parties. The FWC also determined that the agreement met all the necessary criteria for approval under the Fair Work Act. As a result, the FWC approved the application for the Superform (QLD) Pty Limited and CFMEU Union Collective Agreement 2020-2022.

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