Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/671)

PACIFIC FORMWORK EMPLOYMENT PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 MARCH 2023

Application for approval of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2022 (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 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.

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 was approved on 24 March 2023 and, in accordance with s.54, will operate from 31 March 2023. The nominal expiry date of the Agreement is 1 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2022. The applicant, Pacific Formwork Employment Pty Ltd, sought the endorsement of the agreement by the Fair Work Commission. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) was the respondent in the case, representing the employees. The dispute centred around whether the agreement complied with the Fair Work Act 2009, specifically regarding the provisions, coverage, and compliance with the statutory minimum entitlements.

The legal issues before the Commission were whether the agreement met the requirements under section 230 of the Fair Work Act, which mandates that enterprise agreements provide for the terms and conditions of employment and must be free from prohibited content. The Commission also had to determine if the agreement satisfied the provisions of section 235, which requires an enterprise agreement to comply with the Fair Work (Registered Organisations) Act 2009. Furthermore, the Commission examined whether the agreement provided for the appropriate minimum entitlements as outlined in section 112 of the Fair Work Act.

The Fair Work Commission found that the agreement was comprehensive and met the statutory requirements set out in the Fair Work Act. The Commission noted that the agreement contained all necessary terms and conditions of employment and did not include any prohibited content. It was also compliant with the statutory minimum entitlements as specified under the Fair Work Act. The Commission approved the agreement, finding that it met all the necessary legal standards for enterprise agreements under the Fair Work Act. The Commission concluded that the agreement was fair and balanced and would serve the interests of both the employer and the employees.

The Fair Work Commission approved the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2022. The Commission found the agreement to be comprehensive, compliant with the Fair Work Act, and providing for the appropriate minimum entitlements. The approval was based on the agreement meeting all necessary legal standards and serving the interests of both parties.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established