DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/260)

BOSFORM (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the Bosform (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Bosform (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between the union and Bosform (NSW) Pty Ltd. The application was heard by the Fair Work Commission, which is tasked with overseeing and approving such agreements under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment stipulated in the agreement, as well as the process by which the agreement was reached.

The central legal issues revolved around the validity of the collective agreement and the procedural fairness of the process used to negotiate and finalise the agreement. The Commission needed to determine whether the agreement was genuinely negotiated and whether it complied with the statutory requirements under the Fair Work Act. Additionally, the Commission had to assess whether the application process adhered to procedural fairness, ensuring that both parties had an opportunity to be heard and that the process was transparent and free from bias.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements. The Commission noted the involvement of representatives from both the employer and the union, as well as the comprehensive nature of the agreement, which addressed various employment terms and conditions. Furthermore, the Commission determined that the process by which the agreement was negotiated and finalised was fair and did not contravene procedural fairness principles. Consequently, the Commission approved the application for the collective agreement.

The Fair Work Commission's final order was the approval of the Bosform (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2023, confirming its compliance with the Fair Work Act and procedural fairness standards. This decision ensures that the terms and conditions of employment outlined in the agreement are legally binding and enforceable for the duration of the agreement.

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