Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6483

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/7234)

GREEN FORMWORK GROUP PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 SEPTEMBER 2014

Application for approval of the Green Formwork Group Pty. Limited / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Green Formwork Group Pty. Limited / 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 case before the court was an application for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Green Formwork Group Pty. Limited. The application was brought by the CFMEU, seeking the endorsement of a collective agreement that would govern employment conditions for the period of 2014 to 2017. The agreement in question, referred to as the "Green Formwork Group Pty. Limited / CFMEU Collective Agreement 2014 - 2017," was contested by Green Formwork Group Pty. Limited, which raised concerns about certain provisions within the agreement.

The primary legal issues the court had to address were whether the provisions of the collective agreement were in compliance with the relevant industrial relations legislation and if they met the requirements for endorsement under the Fair Work Act 2009. The court was tasked with ensuring that the agreement did not include any terms that were contrary to public policy or that would have an unreasonable impact on the employer's operations. Additionally, the court needed to determine if the agreement adequately represented the interests of the employees and if it provided a fair and reasonable framework for the employment relationship.

The court carefully reviewed the provisions of the collective agreement, assessing them against the legislative framework and considering the arguments presented by both parties. It was found that the agreement was largely in compliance with the Fair Work Act, with some minor adjustments required to ensure it met the necessary standards. The court concluded that the agreement did not contain any terms that were contrary to public policy and that it provided a fair and reasonable framework for the employment relationship. Consequently, the court approved the collective agreement with the specified amendments, allowing it to take effect as a binding agreement between the CFMEU and Green Formwork Group Pty. Limited.

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