Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 4345

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1755)

TRANSFORM FORMWORK CONTRACTORS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 JULY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Transform Formwork Contractors Pty Ltd/CFMEU Collective 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.

[1] The Agreement is approved in accordance with s.54 of the Act and will operate from 12 July 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Transform Formwork Contractors Pty Ltd and the Construction, Forestry, Mining and Energy Union, sought approval of their collective agreement for the period 2013-2014. The application was heard in the Fair Work Commission, with the Commission required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary standards for approval, particularly in relation to the terms and conditions of employment, including pay rates and conditions, and the processes for resolving disputes.

The central legal issue before the Commission was whether the agreement contained provisions that were not in the best interests of the employees, and whether it complied with the statutory requirements for approval. The Commission had to examine whether the agreement was fair and reasonable, and whether it provided for the fair treatment of employees and employers. Additionally, the Commission considered whether the agreement complied with the Fair Work Act's provisions on the resolution of disputes, and whether it was in the best interests of the employees.

The Commission found that the agreement was fair and reasonable, and contained provisions that were in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, including pay rates and conditions, and provided for the fair treatment of employees and employers. The Commission also found that the agreement complied with the statutory requirements for approval, including the provisions on the resolution of disputes. The Commission approved the agreement, finding that it met the necessary standards for approval.

The Fair Work Commission approved the Transform Formwork Contractors Pty Ltd / CFMEU Collective Agreement 2013-2014, finding that it was fair and reasonable, and in the best interests of the employees. The Commission also found that the agreement complied with the statutory requirements for approval, including the provisions on the resolution of disputes. The approval of the agreement ensures that the terms and conditions of employment are fair and reasonable, and provides for the fair treatment of employees and employers.

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