DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2846)

ZICO FORMWORK PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JULY 2018

Application for approval of the Zico Formwork Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Zico Formwork 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.

[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 13 July 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 the matter of the Construction, Forestry, Maritime, Mining and Energy Union, an application was made before the Fair Work Commission for the approval of a collective agreement between Zico Formwork Pty Ltd and the CFMMEU for the period 2018-2019. The dispute centred around the terms and conditions set forth in the proposed agreement, particularly in relation to the pay rates and working conditions for employees of Zico Formwork. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed collective agreement provided for terms and conditions that were no less favourable than the applicable national system award or safety net award. The Commission had to carefully consider the provisions of the agreement, ensuring that they did not disadvantage employees in terms of pay, leave entitlements, or other conditions of employment. Additionally, the Commission needed to assess whether the agreement complied with the requirements for good faith bargaining and if it met the standards for fair and reasonable terms as mandated by the Fair Work Act.

The Commission examined the proposed agreement in detail, scrutinising each clause to ensure that it did not undercut the protections afforded by the relevant awards. The Commission found that the agreement included provisions that were at least as favourable as the applicable awards, with no terms that would disadvantage employees. The agreement was also found to have been reached through genuine good faith bargaining. Consequently, the Commission approved the collective agreement, recognising that it met all the legal criteria for approval and would not lead to a worse-off position for employees.

The Fair Work Commission approved the Zico Formwork Pty Ltd and CFMMEU Union Collective Agreement 2018-2019, confirming that it was compliant with the statutory requirements. The approval was based on the determination that the agreement provided terms and conditions that were no less favourable than those set by the applicable awards and that it had been negotiated in good faith. The Commission's decision provided clarity and legal certainty for both the employer and the union, allowing the agreement to take effect as intended.

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