DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3208)

XMPLAR FORMWORK PTY LIMITED AND CFMEU ACT ENTERPRISE AGREEMENT 2019

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

Application for approval of the XMPLAR FORMWORK PTY LIMITED and CFMEU ACT Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the XMPLAR FORMWORK PTY LIMITED and CFMEU ACT Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 September 2018. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the XMPLAR FORMWORK PTY LIMITED and CFMEU ACT Enterprise Agreement 2019. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment outlined in the agreement, which included wages, hours of work, leave provisions, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for the minimum entitlements of employees, whether it was free from prohibited content, and whether it had been appropriately bargained. The Commission needed to determine if the agreement was in the best interests of the employees and whether it complied with the statutory requirements for enterprise agreements.

In its decision, the Commission examined the terms of the agreement and the process by which it was negotiated. It found that the agreement provided for the minimum entitlements of employees and was free from prohibited content. The Commission also noted that the agreement had been appropriately bargained by the parties. Given these findings, the Commission approved the agreement, recognising that it was in the best interests of the employees and complied with the statutory requirements for enterprise agreements.

The Fair Work Commission approved the XMPLAR FORMWORK PTY LIMITED and CFMEU ACT Enterprise Agreement 2019, confirming its compliance with the Fair Work Act and its appropriateness for the employees involved.

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