Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4717)

ZICO FORMWORK PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 23 NOVEMBER 2022

Application for approval of the Zico Formwork Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Zico Formwork Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 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 is approved and, in accordance with s.54 of the Act, will operate from 30 November 2022. The nominal expiry date of the Agreement is 31 December 2022.

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 2020-2022 Collective Agreement between Zico Formwork Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction to approve, reject, or refer collective agreements for further consideration.

The primary legal issues revolved around whether the proposed collective agreement was genuinely a bargain between the parties, was free from any prohibited content, and whether it complied with the procedural requirements set forth in the Fair Work Act. Additionally, the court had to determine if the agreement met the standards for good faith bargaining and was fair and reasonable in its terms and conditions.

The Fair Work Commission examined the evidence and submissions from both parties, considering the nature of the bargaining process, the content of the agreement, and its compliance with the statutory requirements. The Commission found that the agreement was the product of genuine negotiations and contained no prohibited content. It was also determined that the agreement was fair and reasonable, taking into account the interests of both employers and employees. Consequently, the Commission approved the collective agreement, finding that it met all the necessary legal criteria.

The final orders of the Fair Work Commission were that the 2020-2022 Collective Agreement between Zico Formwork Pty Ltd and the CFMEU be approved, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established