DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6807)

FORMWELL QLD 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 Formwell 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 Formwell 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. 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 case involved Formwell QLD Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU), with the dispute centred on the approval of the Union Collective Agreement for the years 2015 to 2019. This matter was heard and determined in the Fair Work Commission (FWC). The central legal issues revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and industrial democracy.

The FWC examined the agreement in light of the statutory criteria for approval, which includes whether the agreement is in the public interest and whether it facilitates the efficient operation of businesses. The Commission also considered the parties' compliance with good faith bargaining obligations, which entails a requirement to negotiate earnestly and in good faith. Additionally, the FWC assessed whether the agreement upheld industrial democracy by ensuring that it was not disadvantageous to the employees and that it provided for effective dispute resolution mechanisms.

After thorough deliberation, the FWC determined that the collective agreement satisfied the statutory requirements and adhered to the principles of good faith bargaining and industrial democracy. The FWC found that the agreement was in the public interest, facilitated the efficient operation of businesses, and did not disadvantage employees. Consequently, the Commission approved the collective agreement. The decision was grounded in the evidence presented and the FWC's interpretation of the relevant legislative provisions.

The final orders of the FWC included the approval of the Formwell QLD Pty Ltd and CFMEU Union Collective Agreement 2015-2019, effective from the date of the decision. The agreement was to be registered under the Fair Work Act, thereby providing legal recognition and enforceability to its terms. This decision was significant as it upheld the principles of collective bargaining and industrial democracy, ensuring that the agreement would benefit both the employer and the employees while remaining in compliance with the statutory framework.

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