DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2050)

GREEN FORMWORK GROUP PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 JULY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Green Formwork Group Pty. Limited / CFMEU Collective Agreement 2019-2022 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2020. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Green Formwork Group Pty. Limited for the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The matter was heard by the Fair Work Commission (FWC). The primary issue before the FWC was whether the collective agreement in question met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was genuinely negotiated and if it contained only matters that could be the subject of a lawful agreement.

The FWC examined the process through which the collective agreement was negotiated and the content of the agreement itself. The union and the employer provided evidence and submissions that detailed the negotiation process and the terms of the agreement. The FWC found that the negotiation process was transparent and that the agreement was genuinely negotiated between the parties. Furthermore, the FWC concluded that all terms in the agreement were lawful and pertained to matters that could be subject to a lawful agreement. The FWC was satisfied that the agreement complied with the statutory requirements for approval.

As a result, the FWC approved the collective agreement. This decision confirmed that the agreement could proceed as intended, providing a framework for the employment relationship between Green Formwork Group Pty. Limited and the CFMEU for the specified period.

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