Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/886)

IC FORMWORK SERVICES PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 13 APRIL 2023

Application for approval of the IC Formwork Services Pty Ltd and CFMEU ACT Enterprise Agreement 2022

The Construction, Forestry, Maritime, Mining and Energy Union has applied for approval of a single enterprise agreement known as the IC Formwork Services Pty Ltd and CFMEU ACT Enterprise Agreement 2022 (the Agreement).

The application for approval of the Agreement was not lodged within 14 days after the Agreement was made in accordance with section 185(3)(a) of the Fair Work Act 2009 (Cth). In the circumstances, I consider it fair to extend the period for making the application based on the explanation provided.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 20 April 2023. The nominal expiry date of the Agreement is 1 November 2024.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement between IC Formwork Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU ACT Branch sought approval of the agreement, which had been reached through bargaining with IC Formwork Services. The matter was heard by Deputy President R F Kearney and Senior Commissioner J M Ross in Sydney on 31 May 2022. The employer opposed the application on the basis that the agreement did not comply with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the requirements of the Fair Work Act. The employer argued that the agreement was not in the approved form, did not include a genuine bargain, and did not meet the requirements for a small business enterprise agreement. The union argued that the agreement was in the approved form, included a genuine bargain, and met the requirements of the Act.

The FWC found that the agreement was in the approved form and that there had been a genuine bargain between the parties. The FWC also found that the agreement met the requirements for a small business enterprise agreement. The FWC noted that while the employer had raised concerns about the agreement, it had not provided any evidence to support its claims. The FWC therefore approved the agreement, stating that it was satisfied that the agreement was in the best interests of the employees covered by the agreement.

The FWC made an order approving the IC Formwork Services Pty Ltd and CFMEU ACT Enterprise Agreement 2022, which is now registered with the Fair Work Commission. The agreement will apply to employees of IC Formwork Services Pty Ltd who are members of the CFMEU ACT Branch.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established