Construction, Forestry, Mining and Energy Union

[2018] FWCA 859

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2018/257)

Aussie Form Work Pty.Ltd. / CFMEU Collective Agreement 2018

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

Application for approval of the Aussie Form Work Pty.Ltd. / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Aussie Form Work 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 the 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

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of the Aussie Form Work Pty Ltd. / CFMEU Collective Agreement 2018. The company is involved in formwork for construction projects, while the union represents employees in various industries, including construction. The primary dispute centred around the terms and conditions outlined in the collective agreement, particularly those relating to employee entitlements, wages, and working conditions.

The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009, specifically sections concerning the requirements for a valid enterprise agreement. Key points of contention were the fairness of the agreement, whether it met the 'better off overall test' and if it adhered to the provisions that govern enterprise agreements in Australia. The union argued that the agreement was fair and beneficial to employees, while the company contended that certain clauses were unreasonable and not in line with industry standards.

The Fair Work Commission assessed the agreement against statutory criteria, examining whether it provided a safety net of minimum entitlements and whether it was free from prohibited content. The Commission found that the agreement did meet the legislative requirements and was fair and reasonable. It satisfied the 'better off overall test' and adhered to all statutory provisions. Consequently, the Commission approved the Aussie Form Work Pty Ltd. / CFMEU Collective Agreement 2018.

The Fair Work Commission's decision was definitive, and the agreement was approved as it met all necessary legal criteria. The Commission's ruling ensures that the terms of the agreement will govern the relationship between Aussie Form Work Pty Ltd. and its employees, providing clarity and legal certainty moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established