Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1107)

I.C. Formwork (NSW) Pty Ltd / CFMEU Collective Regional Formwork Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 APRIL 2022

Application for approval of the I.C. Formwork (NSW) Pty Ltd / CFMEU Collective Regional Formwork Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the I.C. Formwork (NSW) 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). 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 29 April 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) sought approval for a collective agreement entered into with I.C. Formwork (NSW) Pty Ltd. The agreement, titled the I.C. Formwork (NSW) Pty Ltd / CFMEU Collective Regional Formwork Agreement 2019-2023, was to be approved as a registered agreement under the Fair Work Act 2009. The union argued that the agreement met the criteria for registration as it was a genuinely agreed and fairly negotiated document that addressed the rights and obligations of employees in the formwork industry.

The central legal issue before the Commission was whether the agreement met the statutory requirements for registration. Specifically, the Commission had to determine if the agreement was genuinely negotiated, contained fair terms and conditions, and did not include provisions that were contrary to public policy or the spirit of the Fair Work Act. The union and the employer presented arguments on the negotiation process and the content of the agreement, asserting that it was a fair and reasonable compromise between the parties. The Commission examined the evidence and submissions to ascertain the authenticity of the agreement and its compliance with the Act.

The Commission found that the agreement had been genuinely negotiated between the parties, with evidence of a robust bargaining process. The terms of the agreement were considered fair and reasonable, providing for appropriate rights and obligations for the employees. The Commission noted that the agreement did not include any terms that were contrary to public policy or the spirit of the Fair Work Act. Accordingly, the Commission approved the registration of the agreement as a registered agreement under the Act.

The Fair Work Commission approved the registration of the I.C. Formwork (NSW) Pty Ltd / CFMEU Collective Regional Formwork Agreement 2019-2023 as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and in effect from the date of the Commission's decision, ensuring that the terms and conditions set out in the agreement would apply to the employees covered by it. The decision provided certainty and legal recognition to the agreement, enabling the parties to operate within the agreed framework while also protecting the rights of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established