DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/460)

CORE-FORM PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MARCH 2020

Application for approval of the CORE-FORM PTY LTD/CFMEU South Australia Enterprise Agreement 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the CORE-FORM PTY LTD/CFMEU South Australia Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 March 2020 and, in accordance with s 54, will operate from 19 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the CORE-FORM PTY LTD/CFMEU South Australia Enterprise Agreement 2020. The dispute centred around the terms of the enterprise agreement proposed between CORE-FORM PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) South Australia branch. The application for approval was lodged by the union, and the employer contested certain aspects of the agreement.

The legal issues that the court had to address were primarily concerned with whether the enterprise agreement complied with the relevant legislative framework, including the Fair Work Act 2009. Key issues included whether the agreement met the statutory requirements for being a "bargained" agreement, the fairness of the terms and conditions, and whether any terms contravened the provisions of the Act or the National Employment Standards. The employer argued that certain provisions of the agreement were not genuinely bargained for, while the union contended that all terms were the result of genuine negotiations.

The Fair Work Commission, after thorough examination of the evidence and submissions from both parties, concluded that the enterprise agreement was genuinely bargained for and met all the statutory requirements for approval. The Commission found that the terms and conditions were fair and reasonable in all respects, and did not contravene any provisions of the Act or the National Employment Standards. Consequently, the court approved the enterprise agreement, thereby resolving the dispute in favour of the union.

The final orders included the approval of the CORE-FORM PTY LTD/CFMEU South Australia Enterprise Agreement 2020, effective from the date of the decision, and the dismissal of the employer's application to the contrary.

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