DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6816)

ACROW FORMWORK & SCAFFOLDING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork & Scaffolding 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 8 December 2015 and, in accordance with s.54, will operate from 15 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 (CFMEU) sought approval for a collective agreement with Acrow Formwork & Scaffolding Pty Ltd, which was to govern the terms and conditions of employment for its employees from 2015 to 2019. The Fair Work Commission was the tribunal tasked with evaluating the agreement and deciding whether it met the requirements for approval under the Fair Work Act 2009. The primary dispute centred on the fairness and reasonableness of the terms within the collective agreement, particularly those concerning pay rates, working conditions, and dispute resolution mechanisms.

The legal issues that arose in the case required the Commission to assess whether the agreement was genuinely negotiated, whether it adhered to the principles of fairness and reasonableness, and whether it complied with relevant provisions of the Fair Work Act. Additionally, the Commission had to consider the potential impact of the agreement on employees, employers, and the broader industry, including its consistency with national minimum standards and the principles of industrial justice.

The Fair Work Commission determined that the collective agreement was genuinely negotiated between the parties and met the criteria for approval. The Commission found that the agreement was fair and reasonable, taking into account the interests of both employees and employers. It also considered the broader implications of the agreement on the industry and the public interest. The Commission was satisfied that the agreement did not set terms and conditions below the national minimum standards and was consistent with the principles of industrial justice. Consequently, the Fair Work Commission approved the collective agreement, allowing it to be registered and enforceable under 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