DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6706)

FORMWORK CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Formwork Contractors 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 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 24 January 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 (CFMEU) filed an application for approval of the Formwork Contractors Pty Ltd / CFMEU Collective Agreement 2017-2018 in the Fair Work Commission (FWC). The union and the employer had reached an agreement regarding the terms and conditions of employment, and the FWC was required to assess and approve the agreement if it met the criteria set out in the Fair Work Act 2009 (Cth).

The primary legal issues for the FWC to consider were whether the collective agreement met the requirements for approval under the Fair Work Act, and if it provided fair and reasonable terms and conditions for employees. The FWC needed to examine whether the agreement adhered to the procedural requirements, including the provision of necessary information and the opportunity for consultation, and whether it contained terms that were in compliance with the Act and the relevant modern awards.

In evaluating the agreement, the FWC considered the procedural fairness of the bargaining process and the substantive content of the agreement. The FWC found that the agreement was negotiated in good faith and that it provided for fair and reasonable terms and conditions for employees. The FWC also determined that the agreement was consistent with the provisions of the Fair Work Act and relevant modern awards. Consequently, the FWC approved the Formwork Contractors Pty Ltd / CFMEU Collective Agreement 2017-2018. The FWC's decision was based on the evidence presented and the legal framework provided by the Fair Work Act and associated regulations.

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