DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/257)

INTERNATIONAL FORMWORK PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 MARCH 2015

Application for approval of the International Formwork Pty Limited / CFMEU Collective Agreements 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe International Formwork Pty Limited / CFMEU Collective Agreements 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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties to this case are International Formwork Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centres on the approval of collective agreements made between the two parties for the period 2015-2017. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreements met the necessary legal standards for approval and if they complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreements were made in good faith, were free from any improper conduct, and if they provided a fair and reasonable basis for the terms and conditions of employment.

The Fair Work Commission examined the process by which the agreements were negotiated and the content of the agreements themselves. It considered whether the agreements were genuinely negotiated between the parties, whether they were in writing, and if they contained all the necessary terms as required by law. The Commission also assessed if the agreements were fair and reasonable, taking into account the interests of both employers and employees. In reaching its decision, the Commission found that the agreements were indeed negotiated in good faith and were free from any improper conduct. Furthermore, the agreements were in writing and included all required terms, thus meeting the statutory requirements. The Commission concluded that the agreements provided a fair and reasonable basis for the employment terms and conditions, thereby satisfying the legal criteria for approval.

As a result of this reasoning, the Fair Work Commission approved the collective agreements between International Formwork Pty Limited and the CFMEU for the specified period. This approval ensures that the agreements are legally binding and can be enforced. The Commission's decision provides clarity and certainty for both the employer and the employees, setting the terms and conditions of employment for the duration of the agreements.

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