DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3851)

ARDREAGH FORMWORK PTY LTD T/AS ARDREAGH FORMWORK AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the Ardreagh Formwork Pty Ltd T/As Ardreagh Formwork and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ardreagh Formwork Pty Ltd T/As Ardreagh Formwork and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Ardreagh Formwork Pty Ltd T/As Ardreagh Formwork and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose over specific provisions of the proposed agreement, which the Commission needed to assess for compliance with the Fair Work Act 2009. The Fair Work Commission, exercising its powers under section 230 of the Act, was tasked with determining whether the agreement met the necessary criteria for approval.

The central legal issues before the Commission were whether the proposed enterprise agreement contained provisions that were contrary to public policy or were otherwise unlawful. The Commission had to consider whether certain clauses within the agreement, which related to working conditions, pay rates, and dispute resolution mechanisms, complied with the provisions of the Fair Work Act and did not contravene any public policy considerations.

In delivering its decision, the Commission meticulously reviewed each clause of the agreement, examining its alignment with the legislative framework and public policy. The Commission found that while most provisions of the agreement were in order, several clauses did not meet the requirements of the Act. Specifically, certain provisions regarding shift patterns and penalties for breaches were deemed to contravene public policy by potentially undermining health and safety standards in the workplace. Consequently, the Commission approved the agreement with amendments to these specific clauses to ensure compliance with the law and public policy considerations.

The Fair Work Commission approved the enterprise agreement with certain modifications to address the identified issues. The final orders required Ardreagh Formwork and the CFMEU to revise the contested clauses to align with the Fair Work Act and ensure they did not conflict with public policy. These changes were necessary to ensure the agreement could be formally endorsed and implemented within the terms set by the Commission.

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