DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6504)

TRANSFORM FORMWORK CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Transform 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 11 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the Transform Formwork Contractors Pty Ltd and CFMEU Collective Agreement 2017-2018. The agreement had been registered with the Commission, and the application was made under section 236 of the Fair Work Act 2009. The primary dispute involved the classification of employees within the agreement and the terms of their employment, specifically the wages and conditions.

The legal issues before the Commission centred on whether the proposed classification of employees and the associated terms and conditions were consistent with the relevant provisions of the Fair Work Act. The Commission had to determine if the agreement was fair and reasonable, taking into account the principles of the Act and the principles of good faith bargaining. A particular focus was on whether the wages and conditions offered were appropriate and whether the classification of employees was accurate and fair.

The Commission examined the evidence and submissions from both parties, considering the nature of the industry, the roles of the employees, and the terms of the agreement. It found that the classification of employees and the terms of their employment were fair and reasonable. The Commission noted that the agreement provided for a reasonable balance between the interests of the employees and the employer, and it was consistent with the principles of the Act. Consequently, the Commission approved the agreement under section 236 of the Fair Work Act.

In summary, the Fair Work Commission approved the Transform Formwork Contractors Pty Ltd and CFMEU Collective Agreement 2017-2018, finding it to be fair and reasonable in accordance with the Fair Work Act. The classification of employees and the terms of their employment were deemed appropriate, and the agreement was consistent with the principles of good faith bargaining.

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