DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3361)

AGI FORMWORK GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2018

Application for approval of the AGI Formwork Group Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the AGI Formwork Group 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 17 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 applicants, AGI Formwork Group Pty Ltd, sought the approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was brought before the Fair Work Commission, an industrial relations tribunal in Australia. The union contended that the application for approval was invalid as the agreement contained provisions that were not compliant with the Fair Work Act 2009. The applicants argued that the agreement was valid and should be approved.

The primary legal issues for the Commission to decide were whether the provisions in the collective agreement were contrary to the Fair Work Act and if the application for approval was valid. The Commission had to determine whether the provisions in the agreement, which related to the selection and training of employees, were consistent with the objectives of the Act. Additionally, the Commission considered whether the application for approval was properly made and if there were any procedural defects that would invalidate the application.

The Commission found that the provisions in the agreement did not contravene the Fair Work Act. It was determined that the provisions concerning the selection and training of employees were in line with the Act’s objectives of promoting cooperative and productive workplace relations. Furthermore, the Commission found that the application for approval was valid and free from procedural defects. Therefore, the collective agreement was approved, and it was registered with the Commission.

The final orders of the Commission were that the application for approval of the collective agreement be approved and that the agreement be registered with the Fair Work Commission. The Commission also directed that the agreement be published in the Commonwealth Gazette. This decision ensures that the collective agreement remains in effect and is legally binding on the parties involved.

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