DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1569)

FORMWORK SOLUTIONS SYDNEY PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 JUNE 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Formwork Solutions Sydney 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 24 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Formwork Solutions Sydney Pty Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment within the agreement, including wages, hours of work, and other employment-related matters. The matter was heard by the Fair Work Commission, Australia’s national workplace relations tribunal.

The legal issues before the Commission included whether the collective agreement complied with the statutory requirements for registration under the Fair Work Act. This involved assessing if the agreement had been made in good faith, if it contained the minimum entitlements prescribed by the Act, and if it complied with the procedural requirements for registration. Additionally, the Commission needed to consider whether the agreement met the standards of procedural fairness and if it had been appropriately negotiated.

The Commission found that the collective agreement was made in good faith and contained all the required minimum entitlements. The procedural requirements for registration were also met, including the notification and consultation processes. The Commission emphasised the importance of ensuring that employees were given a reasonable opportunity to be involved in the negotiation process and that the agreement reflected the outcomes of genuine bargaining. The Commission concluded that the agreement was fair and appropriate for registration.

The Fair Work Commission approved the Formwork Solutions Sydney Pty Limited / CFMEU Collective Agreement 2019-2022 for registration. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between the company and its employees for the specified period. The registration of the agreement provides certainty and stability in the workplace, facilitating harmonious industrial relations.

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