DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4621)

FORMWORK ENGINEERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 DECEMBER 2019

Application for approval of the FORMWORK ENGINEERING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the FORMWORK ENGINEERING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 18 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Formwork Engineering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union sought approval for the Enterprise Agreement 2019-2020. The central issue before the commission was whether the agreement met the requirements under the Fair Work Act 2009 for approval and registration. This included whether the agreement was made in good faith, covered the requisite minimum terms, and adhered to procedural requirements such as proper notice and opportunity for consultation.

The commission examined whether the agreement contained all the minimum terms mandated by the Fair Work Act. It also assessed if the union had provided adequate notice to the employer and if the employer had been given a reasonable opportunity to consult on the agreement. The union argued that all procedural and substantive requirements had been met, while the employer contended that the agreement did not comply with certain sections of the Act. The commission had to balance the procedural fairness in the negotiation process against the need to protect employees' rights and ensure that the agreement was made in good faith.

After thorough consideration, the commission found that the agreement was made in good faith and contained all the required minimum terms. The union had provided appropriate notice to the employer and allowed a reasonable opportunity for consultation. Therefore, the commission approved the agreement, finding it to be fair and reasonable. This decision was grounded on the evidence presented and the commission's interpretation of the statutory provisions.

The final orders of the commission included the approval and registration of the Enterprise Agreement 2019-2020 between Formwork Engineering Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). This decision was made under the authority vested in the commission by the Fair Work Act 2009.

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