DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4330)

ACROW FORMWORK & SCAFFOLDING PTY LTD/CFMEU YARD ENTERPRISE AGREEMENT (NSW/ACT), 2014

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2015

Application for approval of the Acrow Formwork & Scaffolding Pty Ltd CFMEU Yard Enterprise Agreement (NSW/ACT), 2014.

[1] An application has been made for approval of an enterprise agreement known as the Acrow Formwork & Scaffolding Pty Ltd/CFMEU Yard Enterprise Agreement (NSW/ACT), 2014 (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] 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 was approved on 19 August 2015 and, in accordance with s.54, will operate from 26 August 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Acrow Formwork & Scaffolding Pty Ltd. The dispute was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal. The CFMEU sought approval of the Acrow Formwork & Scaffolding Pty Ltd CFMEU Yard Enterprise Agreement (NSW/ACT), 2014. The key issues the FWC had to address included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT) agreement.

The FWC examined the process through which the agreement was made, considering if it was done fairly and in good faith. The tribunal also assessed if the agreement provided employees with conditions that were at least as good as those provided under the applicable awards or registered agreements. Furthermore, the FWC looked into whether the agreement met the BOOT requirement, which necessitates that the majority of employees who are covered by the agreement must be better off overall than they would be under the applicable award or registered agreement. The FWC found that the agreement was made in good faith, covered employees fairly, and met the BOOT criteria, leading to the approval of the agreement.

Following its analysis, the FWC determined that the Acrow Formwork & Scaffolding Pty Ltd CFMEU Yard Enterprise Agreement (NSW/ACT), 2014, met all the necessary legal requirements and provided employees with conditions that were at least as good as those provided under the applicable award. The tribunal approved the agreement, ensuring that the rights and obligations of both the employer and employees were clearly defined and enforceable. The approval of the agreement facilitated a stable and productive working relationship between Acrow Formwork & Scaffolding Pty Ltd and the CFMEU.

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