DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5220)

VPT FORMWORK (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 4 OCTOBER 2018

Application for approval of the VPT Formwork (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the VPT Formwork (NSW) Pty Ltd / CFMEU Collective Agreement 2018 (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 11 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

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 VPT Formwork (NSW) Pty Ltd / CFMEU Collective Agreement 2018. The dispute centred around the terms and conditions of employment for workers in the formwork industry in New South Wales. The CFMEU argued that the proposed agreement improved working conditions and provided better protections for employees, while VPT Formwork (NSW) Pty Ltd contended that certain provisions were overly restrictive and could negatively impact their business operations.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided for the fair and efficient resolution of workplace issues. The Commission had to consider if the agreement met the "better off overall test" and if it contained provisions that were contrary to public policy or industrial law. The Commission also needed to determine if the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the agreement did meet the statutory requirements and provided for the fair and efficient resolution of workplace issues. It determined that the agreement was better off overall for the employees and did not contain any provisions that were contrary to public policy or industrial law. The Commission noted that the agreement provided for improved working conditions and protections for employees, while also allowing for flexibility in the workplace. The Commission approved the agreement, subject to certain modifications to address minor concerns raised during the hearing.

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