Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2138)

TIGERFORM PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 7 JULY 2023

Application for approval of the TIGERFORM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the TIGERFORM PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2020-2023 (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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, TIGERFORM PTY LTD sought approval for the Subcontractors Formwork Enterprise Agreement 2020-2023, which it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The Fair Work Commission was required to determine whether the agreement met the necessary conditions for approval under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement complied with the provisions of the Act, specifically the requirements for genuine bargaining, the coverage of the agreement, and the procedural fairness of the bargaining process.

The Commission found that the agreement was the product of genuine bargaining, as it was negotiated in good faith and without coercion. It was determined that the agreement adequately covered the intended scope of employment, including the terms and conditions of employment for the relevant employees. The Commission also concluded that the bargaining process was procedurally fair, with both parties having an opportunity to present their views and negotiate the terms of the agreement. Given these findings, the Commission was satisfied that the agreement met the necessary conditions for approval.

Consequently, the Commission approved the Subcontractors Formwork Enterprise Agreement 2020-2023. The approval took effect from the date of the decision, and the agreement will now be registered with the Fair Work Commission, providing a framework for the terms and conditions of employment for the relevant employees during the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established