DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5772)

BOSS CIVIL FORMWORK AND CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2017

Application for approval of the Boss Civil Formwork and Concrete Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Boss Civil Formwork and Concrete 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 13 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application with the Fair Work Commission (FWC) seeking approval of a collective agreement with Boss Civil Formwork and Concrete Pty Ltd. The CFMEU argued that the agreement should be approved under section 234 of the Fair Work Act 2009 because it contained only "low risk" provisions. The employer opposed the application, arguing that some of the provisions in the agreement were not low risk and, therefore, the agreement should not be approved. The FWC was required to determine whether the provisions in the agreement were low risk and, therefore, whether the agreement should be approved under section 234 of the Act. The FWC noted that the employer had not raised any objection to the terms of the agreement, other than to challenge the characterisation of some of the provisions as low risk. The FWC found that the provisions in question were indeed low risk. The FWC noted that, although some of the provisions in the agreement were complex, they did not impose an unacceptable burden on the employer and were not otherwise detrimental to the employer's business. The FWC found that the agreement should be approved because all of the provisions in the agreement were low risk. The FWC approved the agreement under section 234 of the Act.

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