DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4355)

ARDREAGH FORMWORK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2021

Application for approval of the Ardreagh Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Ardreagh Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement. 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. 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.

[2] 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.

[3] The Agreement was approved on 6 April 2021 and, in accordance with s 54, will operate from 13 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved an application for the approval of a Subcontractors Formwork Enterprise Agreement 2020-2023 between Ardreagh Formwork Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The Fair Work Commission was the court that heard the matter. The union and the employer sought to have the agreement approved as a safety net agreement, which would provide minimum terms and conditions for employees in the subcontracting sector of the formwork industry.

The primary legal issues the Commission had to decide were whether the agreement provided for fair and reasonable terms and conditions for the employees and whether it complied with the relevant legislative provisions. The Commission also had to consider whether the agreement met the requirements of a safety net agreement, including that it provided for minimum wages and conditions and did not undermine the rights of employees. Additionally, the Commission had to consider any submissions made by interested parties, including other unions and industry groups.

In making its decision, the Commission considered the evidence and submissions presented by the parties and other interested parties. It found that the agreement provided for fair and reasonable terms and conditions for the employees and complied with the relevant legislative provisions. The Commission also found that the agreement met the requirements of a safety net agreement and would provide a safety net for employees in the subcontracting sector of the formwork industry. The Commission approved the agreement subject to certain conditions, including that the agreement be reviewed every three years to ensure that it continues to provide fair and reasonable terms and conditions for employees.

The Commission's final orders were that the agreement be approved as a safety net agreement, subject to the conditions outlined in the decision. The agreement was approved on 26 April 2021, and will be in effect from 1 May 2020 to 30 April 2023. The decision provides a framework for minimum terms and conditions for employees in the subcontracting sector of the formwork industry, which will help to ensure fair and reasonable outcomes for employees in this sector.

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