DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2248)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2020

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

[1] An application has been made for approval of a greenfields agreement known as the Eastside Formwork Group Pty Ltd / CFMEU Collective Agreement 2019-2022 (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, 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 21 August 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

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Eastside Formwork Group Pty Ltd, with a dispute over the approval of their collective agreement for the period 2019-2022. The Fair Work Commission (FWC) was the forum for this application. The CFMEU sought approval of the agreement, which had been negotiated between the union and the employer, while Eastside Formwork Group contested certain provisions of the agreement.

The legal issues before the FWC centred on the fairness and reasonableness of the terms and conditions outlined in the collective agreement. The FWC had to determine whether the agreement met the criteria set out in the Fair Work Act 2009, specifically whether it provided for the efficient determination of terms and conditions, ensured a fair and efficient process for the resolution of workplace disputes, and avoided unnecessary industrial action. Eastside Formwork Group contested several provisions of the agreement, arguing that they were not reasonable or necessary for the efficient determination of workplace terms and conditions.

In its decision, the FWC considered the overall fairness and reasonableness of the agreement, taking into account the views and submissions of both parties. The FWC held that the agreement, while containing some contentious provisions, was overall fair and reasonable in its terms and conditions. The FWC found that the agreement provided for the efficient determination of workplace terms and conditions, and that the process for resolving workplace disputes was fair and efficient. The FWC also found that the agreement did not unnecessarily promote industrial action. In light of these findings, the FWC approved the Eastside Formwork Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

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