Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6762

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7249)

TRANSFORM FORMWORK CONTRACTORS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 25 SEPTEMBER 2014

Application for approval of the Transform Formwork Contractors Pty. Ltd. / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Transform Formwork Contractors Pty. Ltd. / CFMEU Collective Agreement 2014 - 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 matter involved an application by Transform Formwork Contractors Pty. Ltd. for the approval of the Transform Formwork Contractors Pty. Ltd. / CFMEU Collective Agreement 2014-2017. The dispute was heard in the Fair Work Commission of Australia. The principal issue before the court was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a protected action, which would exempt it from the need for approval by the Commission.

The court examined whether the agreement was genuinely intended to be a collective agreement between an employer and its employees, and if it was made in good faith. The agreement in question was a document signed by the union and the employer, outlining terms and conditions of employment. The court assessed the context and content of the agreement, including the bargaining history and the nature of the parties' relationship. The court also considered the provisions within the agreement to ensure they were not contrary to public policy or industrial law.

In its decision, the Fair Work Commission concluded that the collective agreement was valid and met the necessary criteria for approval. The court found that the agreement was indeed a genuine collective agreement made in good faith, as it reflected the intent of both parties to establish terms and conditions of employment. The court also determined that the agreement did not contravene any provisions of the Fair Work Act. As a result, the application for approval of the Transform Formwork Contractors Pty. Ltd. / CFMEU Collective Agreement 2014-2017 was successful.

The Fair Work Commission ordered that the agreement be approved and registered. The decision provided clarity on the legal requirements for collective agreements and reinforced the importance of good faith bargaining and genuine intention in such agreements. This ruling serves as a useful precedent for future cases involving the approval of collective agreements.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established