DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/251)

FORCE FORMWORK PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 FEBRUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Force 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.

[2] 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.

[3] 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.

[4] 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

The matter before the court was an application for the approval of a collective agreement between Force Formwork Pty. Ltd. and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission (FWC), which was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement provided for a fair and reasonable process for resolving workplace disputes. This required the FWC to assess the dispute resolution mechanisms contained within the agreement and ensure they were appropriate and effective. Additionally, the FWC had to consider whether the agreement met the criteria for approval as set out in the Fair Work Act.

The FWC found that the dispute resolution mechanisms within the agreement were fair and reasonable, providing an effective process for resolving workplace disputes. The FWC noted that the agreement included provisions for early conciliation, mediation, and arbitration, which were consistent with best practice dispute resolution. The FWC also found that the agreement met all the criteria for approval under the Fair Work Act. Consequently, the FWC approved the collective agreement.

In approving the agreement, the FWC made an order that the Force Formwork Pty. Ltd. / CFMEU Collective Agreement 2018 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was to be registered and have effect from the date of the FWC's decision. This outcome provided certainty for both the employer and the employees, ensuring that the agreement would govern their workplace relations for the specified period.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established