Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 2836

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1615)

A & G Formworkers (Australia) Pty. Limited / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 21 MAY 2018

Application for approval of the A & G Formworkers (Australia) Pty. Limited / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the A & G Formworkers (Australia) Pty. Limited / 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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 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 matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union and A & G Formworkers (Australia) Pty. Limited, seeking approval of a collective agreement entered into by the parties. The court was tasked with determining whether the agreement met the statutory requirements for approval under the relevant industrial legislation. The case was heard in the Fair Work Commission, an Australian industrial relations tribunal with jurisdiction to approve, reject or amend enterprise agreements.

The primary legal issue before the court was whether the collective agreement complied with the provisions of the Fair Work Act 2009, specifically the requirements for an enterprise agreement to be considered 'registered'. The court was required to assess whether the agreement had been made in good faith, whether it contained the necessary bargaining terms, and whether the agreement had been appropriately certified by the relevant employee representatives.

In reaching its decision, the court considered the evidence and submissions from both parties, as well as relevant legislative provisions and case law. The court found that the agreement had been made in good faith, contained the necessary bargaining terms, and had been appropriately certified by the relevant employee representatives. Consequently, the court approved the agreement, finding that it met the statutory requirements for registration. The court's decision was based on a detailed analysis of the evidence presented, as well as an interpretation of the relevant legislative provisions.

The Fair Work Commission approved the A & G Formworkers (Australia) Pty. Limited / CFMEU Collective Agreement 2018, finding that it complied with the statutory requirements for registration. The court's decision was based on a comprehensive analysis of the evidence and relevant legislation, and the agreement was approved for implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established