DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/850)

FORMTRADE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2017

Application for approval of the Formtrade Pty Ltd / CFMEU Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Formtrade Pty Ltd / CFMEU Collective Agreement 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. 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 10 April 2017. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Formtrade Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question was for the year 2017 and encompassed various terms and conditions of employment. The Commission was required to determine whether the agreement complied with the statutory requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the collective agreement met the criteria for approval under the Fair Work Act, specifically in terms of its compliance with the good faith bargaining provisions, and whether it was in the best interests of the employees it was intended to cover. The Commission had to assess the fairness and reasonableness of the terms, ensuring they were not unduly harsh, inequitable, or discriminatory. Additionally, the Commission needed to consider whether the agreement provided for the fair and efficient resolution of workplace issues.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the collective agreement substantially complied with the requirements of the Act. The Commission was satisfied that the bargaining process was conducted in good faith, and the terms of the agreement were fair and reasonable. The agreement was deemed to be in the best interests of the employees and provided an efficient mechanism for the resolution of workplace issues. Consequently, the Commission approved the collective agreement, endorsing it as a legally binding document.

In approving the agreement, the Commission made certain orders to formalise the approval process and ensure its enforcement. The approved agreement was to be registered with the Commission, and both parties were required to adhere to its terms. The Commission also ordered that the agreement would remain in effect until it was superseded by a new agreement or until it was terminated in accordance with the provisions of the Fair Work 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