DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6964)

ZICO FORMWORK PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2015

Application for approval of the Zico Formwork Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Zico Formwork 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 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 16 December 2015 and, in accordance with s.54, will operate from 23 December 2015. 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 Construction, Forestry, Mining and Energy Union sought approval for a proposed collective agreement with Zico Formwork Pty Ltd. The Fair Work Commission was tasked with assessing the fairness of the agreement under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent contended that certain provisions were unfair and unreasonable. The legal issues centred on whether the agreement was consistent with the principles of the safety net and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the agreement against the statutory safety net, considering the applicable minimum standards set out in the National Employment Standards and relevant awards. The Commission found that the proposed agreement did not exceed the safety net in any respects, and that the terms and conditions were fair and reasonable. The Commission also considered the nature of the industry and the bargaining positions of the parties, and concluded that the agreement was consistent with the principles of enterprise bargaining. The Commission approved the collective agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Zico Formwork Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The Commission found that the agreement was consistent with the statutory safety net and provided for fair and reasonable terms and conditions of employment. The Commission considered the nature of the industry and the bargaining positions of the parties, and concluded that the agreement was consistent with the principles of enterprise bargaining. The Commission approved the agreement, subject to certain conditions and modifications to ensure compliance with the Fair Work Act.

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