Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4260)

Pacific Formwork Employment Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 20 OCTOBER 2022

Application for approval of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021

An application has been made for approval of an enterprise agreement known as the Pacific Formwork Employment Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021 (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 27 October 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021. The dispute arose in the Fair Work Commission, a statutory body in Australia with jurisdiction to make binding decisions on employment-related matters. The primary parties involved in the application were the Pacific Formwork Employment Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees in the crane and rigging sector in the ACT.

The legal issues before the Fair Work Commission centred on whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, whether it adhered to the requirements of the Fair Work Act, and whether it included provisions for employee protection and dispute resolution mechanisms. Additionally, the Commission examined whether the agreement was fairly and appropriately negotiated and whether it aligned with broader public policy objectives regarding industrial relations.

In delivering its decision, the Fair Work Commission assessed the proposed agreement against the statutory requirements set out in the Fair Work Act. The Commission considered the provisions of the agreement, the submissions from both parties, and any relevant evidence presented. Ultimately, the Commission found that the agreement met the necessary criteria for approval. The Commission noted the balance of terms and conditions, the inclusion of adequate dispute resolution mechanisms, and the fairness of the negotiation process. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions and aligned with the broader objectives of the Fair Work Act.

The Fair Work Commission approved the Pacific Formwork Employment Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021, effective from the date of the decision. The agreement was deemed to provide fair and reasonable terms and conditions for the employees in the crane and rigging sector, with appropriate provisions for employee protection and dispute resolution. The Commission's decision was based on a comprehensive review of the agreement's contents and the evidence provided by the parties involved.

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