DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3490)

BOSFORM LABOUR HIRE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	DARWIN, 8 AUGUST 2018

Application for approval of the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bosform Labour Hire 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). 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 15 August 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, applied for the approval of a collective agreement between the Union and Bosform Labour Hire Pty Ltd for the period 2018-2019. The Fair Work Commission heard the matter and was tasked with determining whether the collective agreement complied with the Fair Work Act 2009. The legal issues at hand revolved around the compliance of certain provisions in the collective agreement with the statutory requirements under the Fair Work Act. The Commission had to consider whether the agreement met the standards of good faith bargaining, whether it contained terms and conditions that were fair and reasonable, and if it adhered to the provisions concerning minimum entitlements and awards.

The Fair Work Commission examined the provisions of the collective agreement, focusing on the fairness and reasonableness of the terms and conditions outlined. It considered the context of the bargaining process and the obligations of the parties under the Fair Work Act. The Commission also evaluated whether the agreement provided for adequate protections and benefits for the employees, ensuring they were not disadvantaged in comparison to the applicable awards or enterprise agreements. Ultimately, the Commission found that the collective agreement did not meet the standards of good faith bargaining and contained terms that were not fair and reasonable. Consequently, the application for approval was dismissed.

The Fair Work Commission's decision was based on the specific findings that the collective agreement failed to meet the statutory requirements for good faith bargaining and contained terms that were not fair and reasonable. The Commission held that the agreement did not provide for adequate protections and benefits for the employees, and therefore, it was not in the best interests of the employees to approve the agreement. The Commission emphasised the importance of ensuring that collective agreements comply with the Fair Work Act and protect the rights of employees. As a result of this decision, the application for approval of the Bosform Labour Hire Pty Ltd and CFMEU Union Collective Agreement 2018-2019 was dismissed.

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