DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/991)

S P FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 APRIL 2020

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the S P Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 April 2020 and, in accordance with s 54, will operate from 28 April 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 case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement with S P Formwork Pty Ltd. The application was made to the Fair Work Commission, which was the relevant tribunal for this matter. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically whether these terms complied with the Fair Work Act 2009 and other relevant industrial instruments.

The primary legal issues the court had to decide were whether the collective agreement met the criteria for approval under the Fair Work Act and whether the agreement terms were consistent with the principles of good faith bargaining and the broader industrial relations framework. The court also needed to ensure that the agreement did not adversely affect employees not covered by the agreement and that it provided fair and reasonable terms for the employees involved.

The Fair Work Commission found that the proposed collective agreement met the necessary criteria for approval. The commission detailed that the agreement contained provisions that were consistent with the principles of good faith bargaining and did not adversely affect employees not covered by the agreement. The commission also noted that the terms provided fair and reasonable conditions for the employees involved. Consequently, the commission approved the collective agreement, confirming its compliance with the relevant legislative and industrial frameworks.

The Fair Work Commission approved the S P Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022, recognising its compliance with the Fair Work Act and the broader industrial relations principles.

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