DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/664)

FORMTRADE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

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

Application for approval of the Formtrade Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Formtrade 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Formtrade Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union and the employer were seeking the Commission's approval of a collective agreement that would govern employment conditions for a specified period. The Commission's task was to determine whether the agreement was in the best interests of the employees and if it complied with relevant industrial laws.

The central legal issues before the Commission were whether the terms of the proposed agreement met the criteria for approval under the Fair Work Act, and if they provided a fair and reasonable outcome for the employees. The Commission had to consider whether the agreement adequately protected the employees' rights and interests, balanced the needs of both parties, and aligned with the principles of enterprise bargaining. Additionally, the Commission assessed whether the agreement complied with the Good Faith Bargaining obligations under the Act.

In making its decision, the Fair Work Commission examined the content of the proposed agreement and the bargaining process. The Commission noted the parties' willingness to engage in good faith bargaining and their efforts to reach a fair agreement. The Commission concluded that the agreement was fair and reasonable, taking into account the need to balance the interests of both the employer and employees. It found that the agreement provided for adequate protections and benefits for the employees, and met the legal requirements for approval. The Commission approved the Formtrade Pty Ltd / CFMEU Collective Agreement 2019-2022, finding that it was in the best interests of the employees and compliant with the relevant industrial laws.

The final orders of the Commission included the approval of the collective agreement, which would now govern the employment conditions for the specified period. The Commission's decision ensured that the agreement would be legally binding on both parties, providing a framework for fair and reasonable terms of employment for the employees covered by the agreement.

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