DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/252)

FORMTRADE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

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

Application for approval of the Formtrade Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Formtrade Pty Ltd / CFMEU Collective Agreement 2017-2018 (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, 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

In this case, the Fair Work Commission was tasked with the approval of a collective agreement between Formtrade Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2017-2018. The dispute arose from Formtrade Pty Ltd's application for approval of the agreement, which was submitted to the Commission for scrutiny under the Fair Work Act 2009. The primary concern was whether the agreement met the requirements set forth in the legislation and aligned with the Commission's principles of fairness and good faith bargaining.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it complied with the statutory provisions, and whether it met the standards of fairness and reasonableness. Additionally, the Commission had to assess whether the agreement appropriately addressed the interests of both the employer and employees while maintaining a balance between their respective rights and obligations.

In reaching its decision, the Commission emphasised the importance of genuine negotiation and the adherence to principles of fairness. The Commission noted that the agreement appeared to reflect a balanced approach, accommodating the needs of both parties while respecting the broader context of industrial relations. The Commission found that the agreement was genuinely negotiated and met the statutory requirements, concluding that it was fair and reasonable. Consequently, the Commission approved the collective agreement, recognising its compliance with the legislative framework and its potential to foster a constructive industrial relationship.

The final orders of the Commission were to approve the Formtrade Pty Ltd / CFMEU Collective Agreement 2017-2018, effective from the date of the decision. The Commission's approval signified its endorsement of the agreement as a fair and reasonable means of regulating employment terms and conditions, facilitating a cooperative environment between the employer and the union.

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