DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/753)

FORMWORK CONSOLIDATED LABOUR PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 MARCH 2020

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

[1] An application has been made for approval of a greenfields agreement known as the Formwork Consolidated Labour Pty Ltd / CFMEU Collective Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that 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 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(1) of the Act, will operate from 6 April 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Formwork Consolidated Labour Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The parties engaged in negotiations over various employment terms, including wages, working conditions, and dispute resolution mechanisms, which were subsequently encapsulated in the collective agreement. The Commission was tasked with determining whether the agreement complied with the relevant legislative provisions and if it was in the best interests of the employees.

The legal issues before the Commission centred on the validity and fairness of the collective agreement. Key considerations included whether the agreement was genuinely negotiated between the parties, if it complied with the Fair Work Act 2009, and whether it provided for the fair and reasonable terms and conditions for the employees. Additionally, the Commission had to assess if the agreement was consistent with the public interest and if it adequately protected the rights and interests of the employees.

In its decision, the Commission meticulously reviewed the negotiation process and the contents of the agreement. It found that the agreement was genuinely negotiated and reflected the parties' intentions. The Commission also determined that the agreement was compliant with the Fair Work Act and provided for fair and reasonable terms and conditions. The Commission concluded that the agreement was in the best interests of the employees and did not contravene any public interest considerations. Consequently, the Commission approved the collective agreement.

The Commission's final order was the approval of the Formwork Consolidated Labour Pty Ltd / CFMEU Collective Agreement 2019 - 2022. This approval signified that the agreement could be registered with the Fair Work Commission and would govern the employment terms between the parties for the specified period. The decision underscored the importance of genuine negotiation and compliance with legislative requirements in collective bargaining processes.

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