Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 6650

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5462)

Acrow Formwork & Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2018-2019

Building, metal and civil construction industries
Commissioner Hunt	BRISBANE, 2 november 2018

Application for approval of the Acrow Formwork & Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2018-2019

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Acrow Formwork & Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Acrow Formwork & Scaffolding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their collective agreement for the period 2018-2019. The primary focus of the dispute was on the terms and conditions outlined in the collective agreement, particularly those concerning wages, working hours, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues central to this case involved assessing whether the proposed terms and conditions in the collective agreement adhered to the statutory requirements set forth in the Fair Work Act. This included examining the provisions for minimum wages, overtime provisions, and the mechanisms for resolving disputes. The Commission had to ensure that the agreement did not contravene any provisions of the Act, and that it provided a fair and reasonable basis for the terms and conditions of employment. Additionally, the Commission evaluated whether the agreement complied with the Good Faith Bargaining provisions and whether it represented a genuine attempt by both parties to negotiate in good faith.

The Fair Work Commission found that the collective agreement proposed by Acrow Formwork & Scaffolding Pty Ltd and the CFMEU met the necessary criteria for approval. The Commission noted that the agreement contained provisions that were consistent with the requirements of the Fair Work Act, including those relating to minimum wages, overtime, and dispute resolution. The Commission was satisfied that the agreement provided a fair and reasonable basis for the terms and conditions of employment, and that it did not contravene any provisions of the Act. Furthermore, the Commission found that the agreement reflected a genuine attempt by both parties to negotiate in good faith, thereby complying with the Good Faith Bargaining provisions.

Following its assessment, the Fair Work Commission approved the collective agreement for the period 2018-2019. This decision confirmed the validity of the terms and conditions set out in the agreement, allowing both parties to proceed with the implementation of the collective agreement. The Commission's approval was based on its determination that the agreement was fair and reasonable and complied with all relevant statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established