DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch
(AG2018/5861)

FORMAT DEVELOPMENTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of the Format Developments Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Format Developments Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch lodged an application for the approval of the Format Developments Pty Ltd and CFMEU Union Collective Agreement 2018-2022. The agreement, which was intended to cover employees of Format Developments Pty Ltd, included provisions that the Commission had previously rejected as unreasonable in a similar agreement between the same parties. The matter was heard by Deputy President M T J Santamaria, who had to determine whether the agreement should be approved despite the previous rejection of similar terms.

The key legal issue was whether the provisions that had previously been deemed unreasonable should be considered in isolation or within the context of the entire agreement. The Deputy President considered that the provisions, when viewed in the context of the entire agreement, did not result in a detriment to the employer that outweighed the benefits to the employees. This conclusion was based on the overall fairness of the agreement and the specific circumstances of the employer and employees involved.

Following the analysis, the Deputy President determined that the agreement, including the previously rejected provisions, should be approved. The Deputy President found that the benefits to the employees, such as improved working conditions and protections, outweighed any potential detriment to the employer. The decision acknowledged the importance of balancing the interests of both employers and employees in the context of collective bargaining.

The final order was that the Format Developments Pty Ltd and CFMEU Union Collective Agreement 2018-2022 be approved, effective from the date of the decision. This decision allowed the agreement to be registered and enforced, providing the framework for industrial relations between Format Developments Pty Ltd and its employees for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established