Construction, Forestry, Mining and Energy Union

[2013] FWCA 5845

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2256)

MICRO FORMWORK PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 21 AUGUST 2013

Application for approval of the Micro Formwork Pty Ltd / CFMEU Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Micro Formwork Pty Ltd/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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) of the Act I note that the Agreement covers the organisation.

The Agreement is approved in accordance with s.54 of the Act and will operate from 28 August 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement with Micro Formwork Pty Ltd for the period 2013-2014. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary concern was whether the agreement contained provisions that were contrary to the public interest or had been made without genuine bargaining.

The legal issues before the FWC included whether the agreement's provisions regarding the classification of employees and their entitlements were fair and reasonable, and whether the agreement was genuinely negotiated. The FWC examined the process of negotiation and the content of the agreement to ascertain if it complied with the statutory requirements.

The FWC determined that the agreement was made without genuine bargaining and contained provisions that were contrary to the public interest. The FWC found that Micro Formwork Pty Ltd had not genuinely negotiated with the CFMEU, as the company had imposed terms and conditions without proper consultation. Additionally, certain provisions in the agreement were deemed to be unfair, as they did not provide adequate protections for employees. Consequently, the FWC did not approve the agreement.

The FWC's decision was based on the failure to meet the genuine bargaining requirement and the presence of unfair provisions. The agreement was not approved, and the parties were directed to negotiate a new agreement that complied with the statutory requirements. The FWC emphasised the importance of genuine bargaining and fair terms in collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established