Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4113

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2720)

ATF Action Formwork (QLD) Trust T/As Action Formwork (QLD) Pty Ltd and CFMMEU Union Collective Agreement 2018 - 2019

Building, metal and civil construction industries
Deputy President Gostencnik	MELBOURNE, 11 JULY 2018

Application for approval of the ATF Action Formwork (QLD) Trust T/As Action Formwork (QLD) Pty Ltd and CFMMEU Union Collective Agreement 2018 - 2019.

An application has been made for approval of an enterprise agreement known as the ATF Action Formwork (QLD) Trust T/As Action Formwork (QLD) Pty Ltd and CFMMEU 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.

On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 11 July 2018 and, in accordance with s.54, will operate from 18 July 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a union collective agreement between the ATF Action Formwork (QLD) Trust trading as Action Formwork (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The parties sought to formalise their agreement for the period 2018 to 2019, and required the Commission's approval to ensure the agreement's enforceability and compliance with the Fair Work Act 2009. The central legal issues the Commission had to resolve involved determining whether the agreement complied with the statutory requirements for collective agreements, including the provisions of sections 229 and 230 of the Act. These sections mandate that a certified agreement must not include any terms that are less favourable than the applicable minimum standards set out in the National Employment Standards or other relevant awards and must not undermine any entitlements provided by the Act.

The Commission began by examining the structure and content of the proposed agreement to ensure it met the statutory criteria. It considered whether the agreement appropriately referenced and aligned with the National Employment Standards and relevant awards, ensuring that no terms were less favourable. The Commission also assessed whether the agreement contained any provisions that could potentially undermine the protections afforded by the Fair Work Act. After thorough analysis, the Commission found that the agreement did not include any terms that were less favourable than the minimum standards and did not undermine any entitlements. Consequently, the Commission concluded that the agreement was compliant with the statutory requirements and approved the proposed collective agreement.

The Fair Work Commission granted approval for the union collective agreement between the ATF Action Formwork (QLD) Trust and the CFMMEU for the period 2018 to 2019. The Commission's decision was based on the determination that the agreement met all statutory requirements under the Fair Work Act, including alignment with the National Employment Standards and relevant awards, and did not contain any terms that were less favourable or undermined any entitlements. The approval ensures that the agreement is legally enforceable and provides a framework for the employment relationship between the parties during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established