DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/793)

C & E FORMWORK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the C & E Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the C & E Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 5 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between C & E Formwork Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union sought to have the agreement, which was negotiated and signed by the parties, formally recognised and enforceable under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal criteria for approval, including provisions on pay rates, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it complied with the requirements of the Fair Work Act, and whether it met the "better off overall test". The latter test required that the agreement provide employees with a minimum of 95 per cent of their current terms and conditions, with the remaining five per cent providing some form of benefit. Additionally, the Commission considered whether the agreement contained any provisions that were contrary to public policy or that failed to meet the requirements for a fair and effective dispute resolution process.

In its decision, the Commission found that the enterprise agreement was genuinely negotiated and met all legal requirements. The agreement was comprehensive and provided employees with a range of benefits, including pay increases and improved working conditions. The Commission also found that the agreement met the better off overall test and did not contain any provisions that were contrary to public policy. The agreement provided for a fair and effective dispute resolution process, which was an important consideration in the approval process. The Commission approved the agreement, which will now be legally binding on the parties.

The Fair Work Commission approved the enterprise agreement between C & E Formwork Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The decision confirms that the agreement meets all legal requirements and provides employees with a range of benefits, including pay increases and improved working conditions. The approval of the agreement provides certainty and stability for both parties and their employees.

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