DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2104)

IC FORMWORK SERVICES PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 JULY 2019

Application for approval of the IC Formwork Services Pty Ltd and CFMEU ACT Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the IC Formwork Services 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 10 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 to the Fair Work Commission for approval of the IC Formwork Services Pty Ltd and CFMEU ACT Enterprise Agreement 2019. The dispute arose over the union's assertion of its rights to organise and bargain collectively under the Fair Work Act 2009. The Commission had to determine whether the agreement met the criteria for registration under the Act.

The central legal issues revolved around whether the agreement was genuinely a product of the parties' free bargaining and if it complied with the procedural requirements of the Fair Work Act. The applicant argued that the agreement was the result of good faith negotiations and was in the best interests of the employees. The respondent contended that the agreement did not meet the statutory requirements and had been improperly negotiated.

The Commission found that the agreement was genuinely made by the parties in good faith and that it complied with the procedural requirements of the Fair Work Act. The evidence demonstrated that the agreement was the result of negotiations between the parties, and the Commission was satisfied that it was in the best interests of the employees. The Commission approved the agreement, noting that it contained provisions that were fair and reasonable in all respects.

No further orders were made by the Commission. The decision was based on the evidence presented and the application of the relevant legal principles. The Commission's decision is a reminder of the importance of following the correct procedures when negotiating and finalising an enterprise agreement.

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