DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1389)

FORM REO POUR AUST PTY LTD T/AS FORM REO POUR AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 MAY 2020

Application for approval of the FORM REO POUR AUST PTY LTD T/As FORM REO POUR and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the FORM REO POUR AUST PTY LTD T/As FORM REO POUR and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 5 June 2020. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Form Reo Pour Australia Pty Ltd trading as Form Reo Pour, applied to the Fair Work Commission for approval of the Form Reo Pour and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The Construction, Forestry, Maritime, Mining and Energy Union opposed the application. The matter was heard in the Fair Work Commission, presided over by Commissioner S. A. Rice.

The central legal issue the court had to address was whether the enterprise agreement was in compliance with the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the genuine bargain test, as well as whether the agreement was procedurally sound, and if it was consistent with the national system of industrial relations. Another key issue was whether the agreement adequately covered the employees' terms and conditions of employment and provided for appropriate dispute resolution mechanisms.

The court meticulously examined the evidence presented by both parties. It found that the agreement had been genuinely negotiated between the parties, meeting the threshold for a genuine bargain. The court also concluded that the agreement was procedurally sound, with proper consultation and negotiation processes having taken place. Additionally, the court determined that the agreement was consistent with the national system of industrial relations and adequately covered the employees' terms and conditions of employment. The court was satisfied that the agreement provided for appropriate dispute resolution mechanisms, thus complying with the statutory requirements under the Fair Work Act 2009.

Accordingly, the court approved the Form Reo Pour and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The agreement was registered on the Register of Approved Agreements on 10 August 2020, and it will be in effect for a period of five years, until 31 July 2025.

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