DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/321)

EASTSIDE FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Eastside Formwork 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 the 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 2 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the union sought approval of a collective agreement with Eastside Formwork Pty Ltd for the years 2019-2022. The case was heard in the Fair Work Commission of Australia. The union argued that the agreement was fair and reasonable, while the employer contested certain provisions, particularly those related to wages and working conditions.

The legal issues before the Commission included whether the provisions of the agreement were fair and reasonable, and whether they complied with the Fair Work Act 2009. The Commission also had to consider the nature of the industry, the bargaining power of the parties, and the economic context in which the agreement was made. The Commission needed to determine if the agreement met the threshold criteria for approval under the Act, including whether it provided for the proper regulation of workplace relations.

The Fair Work Commission found that the majority of the provisions in the agreement were fair and reasonable. The Commission acknowledged the bargaining power of the union in the industry and considered the economic context of the agreement. While the employer contested certain provisions, the Commission was satisfied that the provisions in question were not unreasonable and were in line with industry standards. The Commission approved the collective agreement, finding that it met the threshold criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Eastside Formwork Pty Ltd / CFMEU Collective Agreement 2019-2022. The decision emphasised the importance of fair and reasonable workplace agreements that take into account the bargaining power of the parties and the economic context in which they are made. The Commission's decision provides guidance for future collective agreements in the industry and reinforces the importance of proper regulation of workplace relations.

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