Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1956

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1825)

Steel City Formwork Pty Ltd / CFMEU Collective Regional Formwork Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 21 JUNE 2022

Application for approval of the Steel City Formwork Pty Ltd / CFMEU Collective Regional Formwork Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the Steel City Formwork Pty Ltd / CFMEU Collective Regional Formwork Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 28 June 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a collective agreement with Steel City Formwork Pty Ltd, known as the Steel City Formwork Pty Ltd / CFMEU Collective Regional Formwork Agreement 2019-2023. The application was made under section 234 of the Fair Work Act 2009. The CFMEU represented employees in the formwork sector, while Steel City Formwork Pty Ltd was an employer in that sector. The primary dispute involved whether the proposed agreement met the legal requirements for approval, including its coverage, the bargaining process, and its compliance with relevant laws.

The court was required to determine whether the application satisfied the criteria for approval under the Fair Work Act, including whether the agreement was genuinely negotiated, covered a relevant workforce, and did not include any unlawful terms. The court also had to assess whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and whether it adhered to the principles of good faith bargaining. Additionally, the court needed to examine whether the agreement was in the best interests of the employees it covered.

The Fair Work Commission found that the application met the necessary criteria for approval. The court noted that the agreement was genuinely negotiated between the parties, covered a relevant workforce, and contained no unlawful terms. The Commission found that the CFMEU had provided evidence of a genuine bargaining process, and the agreement reflected the parties' negotiations. Furthermore, the court determined that the agreement was consistent with the relevant legislation and adhered to the principles of good faith bargaining. The Commission concluded that the agreement was in the best interests of the employees it covered.

The Fair Work Commission approved the Steel City Formwork Pty Ltd / CFMEU Collective Regional Formwork Agreement 2019-2023, effective from 1 July 2019 to 30 June 2023. The decision was made in accordance with the legal criteria for approval, ensuring that the agreement was genuinely negotiated, covered a relevant workforce, and did not include any unlawful terms. The Commission's approval provided certainty and stability to the formwork sector, promoting fair and productive workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established