Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 2513

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1285)

Acrow Formwork & Scaffolding Pty Ltd/CFMEU Yard Enterprise Agreement (NSW) 2017

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 7 MAY 2018

Application for approval of the Acrow Formwork & Scaffolding Pty Ltd / CFMEU Yard Enterprise Agreement (NSW) 2017.

An application has been made for approval of an enterprise agreement known as the Acrow Formwork & Scaffolding Pty Ltd / CFMEU Yard Enterprise Agreement (NSW) 2017 (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 14 May 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for approval of the Acrow Formwork & Scaffolding Pty Ltd / CFMEU Yard Enterprise Agreement (NSW) 2017. Acrow Formwork & Scaffolding Pty Ltd opposed the application. The dispute centred on the terms of the enterprise agreement, specifically the provisions concerning penalty rates and shift loadings. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement contained unfair terms that would prevent its approval. The opposition argued that certain provisions regarding penalty rates and shift loadings were unfair, as they did not adequately protect the employees' interests. The Commission needed to assess the fairness of these provisions and determine if they complied with the principles of the Act. This involved examining the negotiation process, the nature of the agreement's terms, and the balance of rights and obligations between the parties.

The Fair Work Commission concluded that the provisions in question were not unfair. The Commission found that the agreement had been negotiated in good faith and that the terms were not unreasonable. The Commission also noted that the provisions provided a fair balance between the interests of the employer and the employees. Consequently, the application for approval was upheld, and the enterprise agreement was approved. The decision was based on a comprehensive analysis of the agreement's terms and the principles of fairness and good faith in enterprise bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established