DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/657)

VPT FORMWORK (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2020

Application for approval of the VPT Formwork (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the VPT Formwork (NSW) 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). It has been made by 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 31 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, VPT Formwork (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, applied to the Fair Work Commission for approval of their 2019-2022 collective agreement. The applicants sought to have the agreement approved under section 234 of the Fair Work Act 2009, which allows for the approval of agreements that provide for improved productivity and workplace flexibility. The respondents, a group of employees represented by the same union, opposed the application on the basis that the agreement did not adequately protect employees' rights and conditions.

The legal issues before the Commission were whether the agreement met the criteria for approval under section 234 of the Fair Work Act, specifically whether it provided for improved productivity and workplace flexibility, and whether it adequately protected employees' rights and conditions. The Commission considered the terms of the agreement, the evidence presented by both parties, and relevant case law.

In its decision, the Commission found that the agreement met the criteria for approval under section 234 of the Fair Work Act. The Commission noted that the agreement provided for a number of measures that would improve productivity and workplace flexibility, such as increased use of technology and changes to work arrangements. The Commission also found that the agreement adequately protected employees' rights and conditions, including provisions for minimum wages and entitlements, and protections against unfair dismissal. The Commission approved the agreement, subject to certain modifications to address the respondents' concerns.

The Commission ordered that the agreement be approved, subject to certain modifications to address the respondents' concerns. The modifications related to provisions on shift patterns and overtime, and the Commission directed the parties to negotiate in good faith to resolve these issues. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it would be in effect from the date of the decision until 30 June 2022, unless terminated earlier in accordance with its terms.

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