| [2020] FWCA 779 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/229)
TRANSFORM FORMWORK CONTRACTORS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019-2022
Building, metal and civil construction industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 13 FEBRUARY 2020 |
Application for approval of the Transform Formwork Contractors Pty. Ltd. / CFMEU Collective Agreement 2019-2022.
[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Transform Formwork Contractors Pty. Ltd. / CFMEU Collective Agreement 2019-2022 (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 13 February 2020 and, in accordance with s 54, will operate from 20 February 2020. The nominal expiry date of the Agreement is 31 December 2022.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2020] FWCA 779
- Case
- [2020] FWCA 779
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission involved whether the collective agreement complied with the provisions of the Fair Work Act, particularly sections concerning the avoidance of industrial action and the facilitation of good faith bargaining. The Commission needed to determine if the agreement's terms were consistent with the principles of fair and reasonable terms and conditions of employment and whether it adhered to the requirements for preventing unprotected industrial action. Additionally, the Commission considered the fairness of the dispute resolution mechanisms outlined in the agreement.
In its decision, the Commission carefully examined each contested provision, assessing them against the statutory criteria. The Commission found that the agreement, while addressing the parties' primary concerns, included some provisions that did not meet the legal standards for approval. Specifically, certain wage-related terms and the dispute resolution mechanisms were deemed problematic. After negotiating with the parties, the Commission was satisfied that the necessary amendments had been made, and the agreement now met the requirements for approval. Consequently, the Commission approved the collective agreement with the specified amendments.
The final orders of the Commission required Transform Formwork Contractors Pty Ltd to implement the amended agreement, ensuring that all employees were informed of the approved terms. The CFMEU was also directed to inform its members of the approved collective agreement and the changes that had been made. The decision underscored the importance of compliance with statutory requirements and the Commission's role in facilitating fair and reasonable industrial relations outcomes.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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