Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 2672

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1376)

P & T Formworking & Welding Pty. Limited / CFMEU Collective Agreement 2018

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

Application for approval of the P & T Formworking & Welding Pty. Limited / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the P & T Formworking & Welding 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 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 matter before the court involved an application for the approval of a collective agreement between P & T Formworking & Welding Pty. Limited and the Construction, Forestry, Maritime, Mining and Energy Union. The primary issue at hand was whether the agreement complied with the relevant legislative requirements and whether it was fair and reasonable in all its terms. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The court was required to examine several legal issues, including whether the collective agreement met the statutory criteria for approval, such as whether it had been made in good faith and whether it provided for the proper regulation of terms and conditions of employment. The court also needed to assess the fairness and reasonableness of the agreement's terms, considering the interests of both the employer and the employees. Additionally, the court had to ensure that the agreement did not discriminate against any group of employees or contravene any relevant industrial laws.

In delivering its decision, the court found that the collective agreement was made in good faith and met the statutory criteria for approval. The court considered the terms of the agreement to be fair and reasonable, taking into account the interests of both parties. The agreement was found to provide for the proper regulation of terms and conditions of employment and did not discriminate against any group of employees. The court was satisfied that the agreement complied with all relevant industrial laws and was therefore approved.

The Fair Work Commission approved the P & T Formworking & Welding Pty. Limited / CFMEU Collective Agreement 2018, thereby resolving the dispute and allowing the agreement to come into effect. The court's decision provided clarity on the legal requirements for collective agreements and reinforced the importance of ensuring that such agreements are fair and reasonable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established