DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6038)

FORM 700 (NSW) PTY LTD / CFMEU PRESTRESSING COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Form 700 (NSW) Pty Ltd / CFMEU Prestressing Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Form 700 (NSW) Pty Ltd / CFMEU Prestressing Collective Agreement 2015-2017 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2015. The nominal expiry date of the Agreement is 30 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Form 700 (NSW) Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose under the Fair Work Act 2009, where the applicant requested the Fair Work Commission's approval for a collective agreement entered into with the union. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The central legal issue before the Commission was whether the collective agreement met the statutory criteria for approval. Specifically, the Commission needed to determine if the agreement was made in good faith and whether it provided for a fair and efficient workplace. Another key point was whether the agreement complied with the relevant sections of the Fair Work Act, including the good faith bargaining provisions and the requirement for the agreement to be in writing.

In reaching its decision, the Commission examined the procedural aspects of the bargaining process and the content of the agreement itself. It assessed whether the bargaining process was conducted in good faith, whether there was genuine negotiation between the parties, and if the agreement reflected a fair balance of interests. The Commission also considered whether the agreement complied with all necessary statutory requirements and whether it was appropriately documented. After its analysis, the Commission determined that the agreement met all the necessary criteria and granted approval.

The Fair Work Commission approved the Form 700 (NSW) Pty Ltd / CFMEU Prestressing Collective Agreement 2015-2017, finding it to be in compliance with the statutory requirements of the Fair Work Act. The Commission's decision was based on its conclusion that the agreement was made in good faith, balanced the interests of the parties, and adhered to the legal standards set forth by the Act. The Commission's approval allowed the agreement to take effect and govern the employment terms between the applicant and the union for the specified period.

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