DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/663)

ATACIA PTY LTD T-AS CALCONO FORMWORK CONTRACTORS/ CFMEU COLLECTIVE AGREEMENT 2019-2022

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

Application for approval of the Atacia Pty Ltd t-as Calcono Formwork Contractors/ CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Atacia Pty Ltd t-as Calcono Formwork Contractors/ 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between Atacia Pty Ltd trading as Calcono Formwork Contractors and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The application was made before the Fair Work Commission (FWC), a federal workplace relations tribunal in Australia. The CFMEU sought approval of the collective agreement, which outlined the terms and conditions of employment for the workers within the specified period.

The primary legal issue before the Commission was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it contained the minimum terms and conditions required by law. The CFMEU argued that the agreement was fair and reasonable, while Atacia Pty Ltd raised concerns about certain provisions, particularly those relating to shift penalties and shift loadings.

In assessing the agreement, the Commission considered the principles of good faith bargaining and the need to balance the interests of both employers and employees. The Commission found that the agreement generally met the requirements of the Act, as it contained the minimum terms and conditions of employment as prescribed by the relevant award. However, the Commission did not approve some of the provisions relating to shift penalties and shift loadings, as they did not align with the principles of good faith bargaining. Ultimately, the Commission approved the collective agreement with some modifications, ensuring that the interests of both parties were fairly represented.

The Fair Work Commission approved the collective agreement with certain modifications, ensuring that the interests of both employers and employees were fairly represented. The modifications related to the shift penalties and shift loadings provisions, which were not in line with the principles of good faith bargaining. The Commission's decision was based on a careful consideration of the principles of good faith bargaining and the need to balance the interests of both employers and employees, as required by the Fair Work Act 2009.

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