Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2112)

Sydney Formwork Solutions Pty ltd/ CFMEU Collective Agreement 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 JULY 2022

Application for approval of the Sydney Formwork Solutions Pty Ltd/ CFMEU Collective Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Sydney Formwork Solutions Pty Ltd/ CFMEU Collective Agreement 2019-2023 (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 13 July 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Sydney Formwork Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission. The CFMEU sought approval of a collective agreement that would govern the employment terms and conditions of its members working for Sydney Formwork Solutions Pty Ltd. The application was made under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained terms that complied with the provisions of the Act, including those related to minimum entitlements, the protection of employees' rights, and the avoidance of unprotected industrial action. The Commission also had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient method of resolving disputes.

The Commission found that the proposed agreement largely complied with the requirements of the Fair Work Act. The agreement contained terms that provided for minimum entitlements consistent with the National Employment Standards and the applicable awards. The Commission was satisfied that the agreement was made in good faith and that it provided for a fair and efficient method of resolving disputes. The Commission noted that there were minor issues with some of the agreement's provisions, but these did not detract from the overall fairness of the agreement. As such, the Commission approved the agreement.

The Fair Work Commission approved the Sydney Formwork Solutions Pty Ltd/CFMEU Collective Agreement 2019-2023, subject to the minor modifications identified in the decision. The agreement will now govern the employment terms and conditions of CFMEU members working for Sydney Formwork Solutions Pty Ltd for the specified period.

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