DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3233)

RF GROUP FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 NOVEMBER 2020

Application for approval of the RF Group Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the RF Group Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by 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, Maritime, 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, Maritime, 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 12 November 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the RF Group Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022. The application was contested by RF Group Formwork Pty Ltd, which argued that certain provisions of the agreement were not suitable for inclusion in an approved agreement. The case centred on the interpretation and application of the Fair Work Act 2009, specifically in relation to the criteria for approving a collective agreement.

The legal issues that the Commission was required to determine included whether certain provisions of the agreement met the requirements for approval under the Fair Work Act. This involved examining whether the provisions were in compliance with the Act, including whether they were suitable for inclusion in an approved agreement. The Commission also had to consider whether the agreement provided for the efficient and effective resolution of workplace issues and whether it provided for the fair and reasonable treatment of employees.

The Fair Work Commission found that certain provisions of the agreement were not suitable for inclusion in an approved agreement. The Commission determined that these provisions did not meet the criteria for approval under the Fair Work Act, as they were not in the best interests of the employees or the employer. The Commission also found that the agreement did not provide for the efficient and effective resolution of workplace issues, as it contained provisions that were overly prescriptive and did not allow for flexibility in the workplace. Ultimately, the Commission determined that the agreement did not provide for the fair and reasonable treatment of employees, as it contained provisions that were not in line with the principles of the Fair Work Act.

The Fair Work Commission did not approve the RF Group Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022. The Commission found that the agreement did not meet the criteria for approval under the Fair Work Act and did not provide for the fair and reasonable treatment of employees. The Commission did not certify the agreement and it did not become a registered 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