DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1317)

S P FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MAY 2018

Application for approval of the S P Formwork Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the S P Formwork Pty Ltd / 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.

[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. 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.

[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 was approved on 7 May 2018 and, in accordance with s.54, will operate from 14 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application with the Fair Work Commission seeking approval of a collective agreement made with S P Formwork Pty Ltd. The agreement was designed to govern the employment conditions of employees working in the formwork industry. The CFMEU argued that the agreement contained provisions that were necessary to protect employees' rights and ensure fair working conditions. S P Formwork Pty Ltd did not oppose the application but raised concerns about certain clauses.

The key legal issues before the Commission were whether the collective agreement met the statutory requirements for approval and if the provisions were consistent with the principles of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for appropriate mechanisms for dispute resolution, and if the terms and conditions reflected a fair balance between the interests of employers and employees.

In assessing the application, the Commission examined each clause of the agreement in detail. It found that the majority of the provisions were reasonable and necessary to protect employees' rights, particularly in relation to workplace safety and conditions. The Commission noted that the agreement included provisions for dispute resolution that were consistent with the procedures outlined in the Fair Work Act. While acknowledging the employer's concerns, the Commission concluded that the potential benefits to employees outweighed any potential detriment to the employer. Therefore, the Commission approved the collective agreement.

The Commission issued its decision and approval of the S P Formwork Pty Ltd / CFMEU Collective Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of employees in the formwork industry for the specified period.

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