DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/299)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Plus Form (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 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 27 February 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 this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement with Plus Form (NSW) Pty Ltd. The agreement covered the period 2019-2022 and was submitted to the Fair Work Commission for approval. The dispute before the court centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the union argued that the agreement was a genuine enterprise agreement, while the employer contested its validity.

The legal issues before the court involved determining whether the agreement was an enterprise agreement as defined by the Act, and whether it was genuinely negotiated and agreed upon by the parties. The court had to assess the process by which the agreement was formed, including whether it was negotiated in good faith and whether the agreement met the specific requirements for approval under the Fair Work Act. Additionally, the court examined whether the agreement complied with any relevant industrial instruments, including whether it unfairly disadvantaged any party.

The court found that the agreement was a genuine enterprise agreement, negotiated in good faith and meeting the statutory requirements for approval. The court concluded that the agreement was a bona fide enterprise agreement as it was made between an employer and employees, covered a particular enterprise, and was made in accordance with the Act. The court further found that the agreement had been negotiated fairly and met all necessary criteria for approval. The court was satisfied that the agreement did not unfairly disadvantage any party and complied with relevant industrial instruments. The court approved the agreement, recognising its validity and enforceability under the Act.

In light of the findings, the court approved the Plus Form (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022. The agreement was deemed to be a genuine enterprise agreement that met all legal requirements for approval. The approval was based on the evidence presented, which demonstrated that the agreement was negotiated in good faith and complied with the statutory framework. The court's decision was final and binding, affirming the validity and enforceability of the agreement between the parties.

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