DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2209)

PACIFIC FORMWORK EMPLOYMENT PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JULY 2019

Application for approval of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Formwork Employment Pty Ltd 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 25 July 2019. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2019. The application was brought before the Fair Work Commission, where the CFMEU argued that the agreement met the criteria under the Fair Work Act 2009 for approval. Pacific Formwork Pty Ltd opposed the application, contending that the agreement did not appropriately cover the necessary minimum terms and conditions as mandated by the Act.

The primary legal issues the Commission had to decide were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly concerning coverage, minimum terms, and procedural fairness. The Commission examined the terms of the agreement, the coverage of the employees, and whether the agreement had been fairly and properly negotiated. The Commission also considered whether the agreement met the threshold criteria for registration, such as ensuring employees were not disadvantaged and that the agreement was not contrary to public policy.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission determined that the agreement was fairly negotiated and covered all relevant employees. The agreement also included all the required minimum terms and conditions as stipulated by the Act. The Commission noted that the agreement provided for fair and reasonable terms that did not disadvantage any party and were in line with public policy. Consequently, the Commission approved the application and registered the enterprise agreement.

The final orders of the Commission included the approval and registration of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2019. The agreement was to be in effect from the date of the Commission's decision and would apply to the specified employees of Pacific Formwork Pty Ltd. The Commission's decision ensured that the agreement was legally compliant and would govern the employment conditions between the parties going forward.

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