Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 4821

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3580)

I.C. Formwork (NSW) Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Saunders	Port Macqaurie ,16 AUGUST 2018

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

An application has been made for approval of an enterprise agreement known as the I.C. 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.

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.

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 23 August 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the I.C. Formwork (NSW) Pty Ltd / CFMEU Collective Agreement 2018 from the Fair Work Commission. The applicant company was a small business engaged in the construction industry, while the CFMEU was a trade union representing employees in the industry. The dispute centred on whether the collective agreement met the requirements of the Fair Work Act 2009 for approval, particularly in relation to the protection of small business interests.

The primary legal issue was whether the agreement provided sufficient protection for the small business’s interests while still allowing for fair and reasonable terms for the employees. The court needed to determine if the agreement balanced the interests of both parties in accordance with the legislative framework. Additionally, the court had to consider if the agreement adhered to the procedural fairness required by the Act, including whether proper consultation and negotiation processes were followed.

The Fair Work Commission examined the content and context of the agreement, assessing if it complied with the statutory criteria for approval. The court considered the nature of the business, the terms of the agreement, and the negotiation process. It found that the agreement appropriately balanced the interests of the small business and the employees, providing necessary protections for the business while ensuring fair terms for employees. The Commission concluded that the agreement met all legislative requirements and was procedurally fair, thus granting approval for the collective agreement.

The final orders of the Commission were to approve the I.C. Formwork (NSW) Pty Ltd / CFMEU Collective Agreement 2018, effective from the date of the decision. This approval validated the agreement as a legally binding contract between the company and the union, ensuring that both parties’ interests were protected within the framework of the Fair Work Act.

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