DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/543)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 MARCH 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Formsite (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 24 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 before the Fair Work Commission concerned an application for the approval of a collective agreement between Formsite (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the collective agreement was genuinely negotiated and whether it complied with the procedural and substantive requirements set forth in the Fair Work Act. This included verifying that the agreement was made in good faith and that the necessary processes were followed in its negotiation and execution. Additionally, the Commission had to assess whether the terms of the agreement were fair and reasonable.

In its decision, the Commission examined the evidence provided by both parties and considered the relevant legal principles. It was satisfied that the agreement had been genuinely negotiated and that all necessary procedural requirements had been met. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the economic and industrial context in which it was made. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the Formsite (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022, finding it to be genuinely negotiated and compliant with the Fair Work Act.

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