Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 854

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2018/247)

Bell Formwork Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 8 FEBRUARY 2018

Application for approval of the Bell Formwork Pty Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Bell Formwork Pty Ltd / CFMEU Collective Agreement 2018 (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, 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, 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 15 February 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Bell Formwork Pty Ltd / CFMEU Collective Agreement 2018. Bell Formwork Pty Ltd is a construction company, and the CFMEU is a trade union representing workers in various industries, including construction. The dispute centred on the terms and conditions of employment set out in the proposed collective agreement. The CFMEU argued that the agreement was necessary to address the specific needs of its members working for Bell Formwork, while Bell Formwork contended that certain provisions were unfair and not in line with the principles of good faith bargaining.

The central legal issues before the Commission were whether the collective agreement met the criteria for approval under the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining. In particular, the Commission needed to determine if the agreement's provisions were fair and reasonable, taking into account the need to provide a safety net for employees, promote productivity, and maintain harmonious workplace relations. The Commission also had to consider whether the agreement was consistent with the national minimum standards and any relevant industry awards or agreements.

The Commission found that the collective agreement generally met the criteria for approval. While some provisions were deemed not to comply with the principles of good faith bargaining, the Commission was satisfied that the overall agreement was fair and reasonable. The CFMEU had demonstrated a genuine attempt to reach an agreement with Bell Formwork, and the provisions that did not meet the good faith bargaining principles were not significant enough to warrant disapproval of the entire agreement. The Commission approved the Bell Formwork Pty Ltd / CFMEU Collective Agreement 2018, subject to certain modifications to ensure compliance with the principles of good faith bargaining.

The Fair Work Commission approved the Bell Formwork Pty Ltd / CFMEU Collective Agreement 2018, with modifications to ensure compliance with the principles of good faith bargaining. The approved agreement now serves as a binding framework for the employment terms and conditions of employees working for Bell Formwork Pty Ltd. This decision highlights the importance of adhering to the principles of good faith bargaining in collective agreements and the need for both employers and unions to engage in meaningful negotiations to reach fair and reasonable outcomes.

Construction, Forestry, 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