Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 671

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/151)

ATF ACTION FORMWORK (QLD) TRUST T/A ACTION FORMWORK

(QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT

2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 3 FEBRUARY 2016

Application for approval of the ATF Action Formwork (QLD) Trust T/A Action Formwork

(QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

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

ATF Action Formwork (QLD) Trust T/A Action Formwork (QLD) Pty Ltd and CFMEU Union

Collective Agreement 2015 - 2019 (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.
[2016] FWCA 671

[4] The Agreement was approved on 3 February 2016 and, in accordance with s.54, will

operate from 10 February 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union, which made an application for approval of an enterprise agreement between ATF Action Formwork (QLD) Trust T/A Action Formwork (QLD) Pty Ltd and the union. The application was filed under section 185 of the Fair Work Act 2009 and seeks approval for the ATF Action Formwork (QLD) Trust T/A Action Formwork (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. This agreement pertains to the building, metal and civil construction industries.

The legal issues before the court centred on whether the application met the criteria set out in sections 186, 187 and 188 of the Fair Work Act 2009. The court had to consider if the Construction, Forestry, Mining and Energy Union, as the bargaining representative, had properly notified the agreement under section 183 of the Act, and if the agreement covered the organisation in accordance with section 201(2). The court also needed to confirm if the agreement met all other requirements for approval.

Commissioner Roe found that all the necessary requirements for approval had been met. The union had given the required notice under section 183 of the Act and the agreement covered the organisation as per section 201(2). The court was satisfied with the application and approved the enterprise agreement. The agreement was approved on 3 February 2016 and will operate from 10 February 2016, with a nominal expiry date of 2 July 2019.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established