DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3666)

FORM 700 PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the FORM 700 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the FORM 700 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 (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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 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 matter before the Fair Work Commission (FWC) involved an application for the approval of the Form 700 Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023. The dispute arose from the need to establish a binding enterprise agreement that would govern the terms and conditions of employment for formwork subcontractors within the specified industry. The FWC was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the FWC centred on whether the agreement was a genuine enterprise agreement as defined by the Act and whether it complied with the procedural and substantive requirements set forth in the legislation. Specifically, the FWC needed to consider whether the agreement was negotiated in good faith, whether it covered only the prescribed matters, and whether it adhered to the procedural requirements for employee and employer representation. Additionally, the FWC examined the content of the agreement to ensure that it did not include any provisions that were contrary to public policy or that otherwise rendered it unfair.

In reaching its decision, the FWC considered the evidence and submissions from both parties. The Commission found that the agreement was negotiated in good faith and that it contained provisions that were both procedurally and substantively compliant with the Act. The FWC noted that the agreement was limited to the prescribed matters, was supported by majority votes from the relevant employees and employers, and did not include any provisions that were contrary to public policy. Consequently, the FWC approved the agreement, finding that it met all the necessary criteria for registration under the Fair Work Act.

The FWC's final order was to approve the Form 700 Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023, effective from the date of registration. This decision ensured that the agreement would provide a legally binding framework for the employment conditions of formwork subcontractors in the specified industry, thereby facilitating orderly industrial relations within the 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