DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6138)

THE TRUSTEE FOR FORMSITE DISCRETIONARY TRUST T-AS FORMSITE PTY LTD / CFMEU COLLECTIVEAGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2017

Application for approval of The Trustee for Formsite Discretionary Trust t-as Formsite Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Formsite Discretionary Trust t-as Formsite 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 29 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) brought an application to the Fair Work Commission for approval of a collective agreement, the CFMEU Collective Agreement 2017-2018, executed by the Trustee for Formsite Discretionary Trust trading as Formsite Pty Ltd (Formsite). The dispute arose due to concerns about the fairness and appropriateness of the agreement's terms, which the CFMEU argued adequately reflected the employment relationship between the parties. The Commission had to determine whether the agreement was appropriate and fair and should be approved as a registered agreement.

The central legal issues before the Commission involved assessing whether the agreement met the criteria for approval as a registered agreement under the Fair Work Act 2009. This required a detailed examination of the terms of the agreement, the bargaining process, and whether the agreement met the standards of fairness and appropriateness. The Commission considered whether the agreement adequately protected the interests of the employees and whether it was the product of genuine and meaningful bargaining between the parties.

In rendering its decision, the Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the agreement was appropriately negotiated and met the standards of fairness and appropriateness. It noted that the agreement reflected the nature of the employment relationship between the parties and provided adequate protections for employees. The Commission concluded that the agreement was fair and should be approved as a registered agreement.

Accordingly, the Fair Work Commission approved the CFMEU Collective Agreement 2017-2018, and it was registered with the Fair Work Commission. This registration ensured that the agreement would be legally enforceable and provide a framework for the employment relationship between the CFMEU and Formsite.

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