DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2180)

O.S.R. FORMWORK TRUST (THE TRUSTEE FOR) T/AS O.S.R FORMWORK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 JUNE 2018

Application for approval of the O.S.R. FORMWORK TRUST (THE TRUSTEE FOR) T/As O.S.R FORMWORK PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the O.S.R. FORMWORK TRUST (THE TRUSTEE FOR) T/As O.S.R FORMWORK PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 29 June 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the O.S.R. Formwork Trust, the dispute arose over the approval of the O.S.R. Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The matter was heard by the Fair Work Commission, which is the Australian workplace relations tribunal with jurisdiction to approve and register enterprise agreements. The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission considered several aspects of the agreement, including whether it complied with the provisions concerning the protection of employees' rights and entitlements, the processes for resolving disputes, and the overall fairness of the agreement. The Commission examined the submissions and evidence provided by both parties, assessing whether the agreement contained terms that were not contrary to public policy or the protection of employees' rights. The Commission also evaluated the extent to which the agreement provided for a fair and effective method of resolving disputes between the employer and employees.

In reaching its decision, the Commission determined that the agreement met the necessary statutory criteria for approval. It found that the agreement provided for a fair and effective method of resolving disputes, contained terms that were not contrary to public policy, and did not undermine the protection of employees' rights. The Commission concluded that the agreement was in the best interests of the employees and approved it under section 176 of the Fair Work Act 2009. The approval of the agreement was subsequently registered with the Fair Work Commission.

In summary, the Fair Work Commission approved and registered the O.S.R. Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The Commission's decision recognised the agreement as fair and effective, providing adequate protection for employees' rights and an appropriate method for resolving disputes.

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