DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/960)

FORMWORK SOLUTIONS SYDNEY PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 5 APRIL 2018

Application for approval of the Formwork Solutions Sydney Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Formwork Solutions Sydney 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 12 April 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

In the matter of an application for approval of the Formwork Solutions Sydney Pty Ltd / CFMEU Collective Agreement 2018, the parties involved were Formwork Solutions Sydney Pty Ltd, represented by its director Mr. D’Ambrosio, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), represented by its organiser Mr. Smith. The dispute arose under the Fair Work Act 2009, specifically concerning the approval of a collective agreement that was entered into between the two parties. The case was heard in the Fair Work Commission.

The primary legal issues the court had to address included whether the collective agreement met the requirements of the Fair Work Act, particularly sections 229 and 230, which govern the approval and registration of such agreements. The court needed to determine if the agreement was made in good faith and if it provided for the proper administration of the workplace. Additionally, the court considered whether the agreement complied with the Australian Council of Trade Unions (ACTU) Code of Conduct and whether it adhered to the relevant provisions of the Fair Work (Registered Organisations) Act 2009.

The court examined the procedural fairness in the negotiation and formation of the agreement, ensuring that both parties had genuinely negotiated the terms and that the agreement was not imposed unilaterally. The court also evaluated the content of the agreement to ensure it was consistent with the principles of the Fair Work Act and did not unfairly disadvantage either party. After considering submissions from both parties and reviewing the evidence presented, the court found that the agreement met all the statutory requirements. The court approved the collective agreement and directed its registration with the Fair Work Ombudsman.

The final orders of the court were that the Formwork Solutions Sydney Pty Ltd / CFMEU Collective Agreement 2018 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision was based on the court's determination that the agreement was fairly negotiated, complied with all relevant legislative requirements, and did not contain any unfair provisions.

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