Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 2670

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/244)

Atacia Pty Ltd t-as Calcono Formwork Contractors / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 11 MAY 2018

Application for approval of the Atacia Pty Ltd t-as Calcono Formwork Contractors / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Atacia Pty Ltd t-as Calcono Formwork Contractors / 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 11 May 2018 and, in accordance with s.54, will operate from 18 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 parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Atacia Pty Ltd trading as Calcono Formwork Contractors. The dispute centred on the approval of a collective agreement between the two parties. The Fair Work Commission heard the matter, tasked with determining whether the collective agreement met the necessary legal standards and was in the best interests of the employees involved.

The legal issues before the Commission included whether the collective agreement contained provisions that were contrary to the public interest or in breach of any relevant legislation. The Commission also had to consider whether the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with the provisions of the Fair Work Act 2009. Furthermore, the Commission was required to assess if the agreement had been made in good faith and if the union had adequately represented the interests of the employees.

In its decision, the Fair Work Commission considered the provisions of the collective agreement and assessed whether they complied with the statutory requirements and public interest considerations. The Commission found that the agreement contained provisions that were in the best interests of the employees and did not contravene any relevant legislation. The Commission also concluded that the agreement was made in good faith and that the union had adequately represented the interests of the employees. Consequently, the Commission approved the collective agreement, finding it to be fair and reasonable.

As a result of the Commission's decision, the Atacia Pty Ltd t-as Calcono Formwork Contractors / CFMEU Collective Agreement 2018 was approved, and the parties were bound by its terms. The final orders of the Commission were that the agreement be approved and registered with the Fair Work Commission. The agreement would then be in effect from the date of the Commission's decision and would govern the employment relationship between the parties for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established