DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2997)

ARDREAGH FORMWORK PTY LTD T/AS ARDREAGH FORMWORK AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 27 AUGUST 2019

Application for approval of the ARDREAGH FORMWORK PTY LTD T/As ARDREAGH FORMWORK and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ARDREAGH FORMWORK PTY LTD T/As ARDREAGH FORMWORK and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure 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 3 September 2019. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Ardreagh Formwork Pty Ltd t/as Ardreagh Formwork and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The dispute centred on the terms and conditions set forth in the proposed agreement, with the CFMEU asserting that the agreement was fair and reasonable, while Ardreagh Formwork contested certain provisions.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion. The Commission also needed to assess whether the agreement adequately protected the rights of employees and provided for appropriate dispute resolution mechanisms.

The Commission examined the evidence and submissions from both parties, considering the economic and social context of the agreement. It found that the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the industry and the bargaining power of the parties. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it appropriately balanced the interests of both employees and employers. Furthermore, the Commission confirmed that the agreement provided adequate protections for employees and included effective dispute resolution mechanisms.

As a result, the Commission approved the Ardreagh Formwork Pty Ltd t/as Ardreagh Formwork and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The approved agreement will now govern the employment conditions of employees in the specified enterprise, providing a framework for fair and reasonable terms and conditions of employment.

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