Construction, Forestry, Mining and Energy Union

[2014] FWCA 4813

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/1663)

OZ GROUP FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Oz Group Formwork 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 (CFMEU) (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 CFMEU 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

In this matter, Oz Group Formwork Pty Ltd applied for approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The Federal Court heard the application, as it involves the approval of a workplace agreement under the Fair Work Act 2009. The crux of the dispute lies in whether the proposed collective agreement aligns with the legislative requirements and protections for employees, including those in relation to minimum wages, penalty rates, and other employment conditions.

The legal issues the court needed to address were whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the entitlements and protections of employees. This included scrutinising whether the agreement appropriately addressed the minimum wage rates, overtime, penalty rates, and other standard terms and conditions that are mandated by the Act. The court had to ensure that the agreement did not undercut the protections afforded to employees under the Act.

The court examined the proposed agreement against the statutory framework and found that it adequately met the requirements of the Fair Work Act. It concluded that the agreement was fair and reasonable, providing for the appropriate protections and entitlements for employees. The court highlighted that the agreement included provisions that ensured compliance with minimum wage rates and penalty rates, thus meeting the legislative standards. Consequently, the court approved the agreement, confirming its alignment with the statutory requirements.

The final orders of the court were to approve the Oz Group Formwork Pty Ltd/CFMEU Collective Agreement 2014-2017, recognising its compliance with the Fair Work Act. The agreement was thus approved, effective from the date of the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established