DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5716)

EK FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 DECEMBER 2017

Application for approval of the EK Formwork Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the EK Formwork 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 11 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 case involved an application for the approval of a collective agreement between EK Formwork Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, Australia's independent national workplace relations tribunal. The primary dispute centred around whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009 and other relevant industrial instruments.

The central legal issues before the Commission were whether the proposed agreement met the necessary standards for approval, including compliance with the provisions of the Fair Work Act and whether the agreement was made in good faith and without coercion. The Commission had to assess the fairness of the agreement to employees, and whether it met the criteria for being registered as a registered agreement under the Act.

The Fair Work Commission found that the proposed collective agreement did comply with the requirements of the Fair Work Act. The Commission considered the terms of the agreement, the process by which it was negotiated, and the nature of the bargaining between the parties. The Commission concluded that the agreement was made in good faith and without any element of coercion. It also found that the agreement was fair and met the necessary standards for registration. Consequently, the application for approval of the collective agreement was granted.

The Fair Work Commission approved the EK Formwork Pty Ltd / CFMEU Collective Agreement 2017-2018, and the agreement was registered under the Fair Work Act. This decision was based on the Commission's determination that the agreement met all the necessary criteria for approval, including being made in good faith and being fair to the employees involved.

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