DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3735)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 DECEMBER 2020

Application for approval of the FORMWORK ENGINEERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of a single enterprise agreement known as the FORMWORK ENGINEERING 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 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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 CFMMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 22 December 2020 and, in accordance with s.54, will operate from 29 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Formwork Engineering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission (FWC) under section 233 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for formwork subcontractors in the construction industry.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the requirements of the Fair Work Act, particularly in relation to the 'better-off-overall test'. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The FWC had to assess whether the agreement provided sufficient benefits to the employees to outweigh any detriments, thus meeting the legislative criteria for approval.

In reaching its decision, the FWC examined the financial and non-financial terms of the proposed agreement, comparing them to the existing conditions. The FWC considered various factors, including wage increases, allowances, and other benefits provided by the agreement. After a thorough analysis, the FWC found that the agreement did indeed meet the better-off-overall test and was in compliance with the Fair Work Act. Consequently, the FWC approved the Formwork Engineering Pty Ltd and CFMEU Subcontractors Formwork Enterprise Agreement 2020-2023.

The FWC's decision was based on a detailed evaluation of the agreement's provisions, ensuring that the new terms provided meaningful benefits to the employees. The approval of the enterprise agreement was finalised with specific orders ensuring its implementation and compliance with the terms as approved by the FWC.

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