DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7724)

PACIFIC FORMWORK EMPLOYMENT PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2016 (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 30 December 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission involved an application for approval of the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2016. The applicant, Pacific Formwork Employment Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The respondent, the Construction, Forestry, Mining and Energy Union, opposed the approval on the basis that the agreement failed to meet the requirements of the Act. The Full Bench was tasked with determining whether the agreement complied with the relevant legislative provisions and if it was in the best interests of the employees covered by the agreement.

The key legal issues that the Full Bench had to address were whether the agreement provided for the proper registration of the enterprise, and whether it contained the prescribed minimum terms and conditions as required by the Fair Work Act 2009. Additionally, the court had to consider whether the agreement met the public interest test, which required the Full Bench to be satisfied that the agreement was not likely to have a detrimental effect on the wider economy or industrial relations system. The Full Bench also examined the fairness of the agreement, ensuring that it was not discriminatory and provided for procedural fairness for the employees involved.

After reviewing the evidence and submissions presented by both parties, the Full Bench found that the agreement met the requirements of the Fair Work Act 2009. The Full Bench determined that the agreement provided for the proper registration of the enterprise and contained the prescribed minimum terms and conditions. Furthermore, the Full Bench was satisfied that the agreement met the public interest test, as it was not likely to have a detrimental effect on the wider economy or industrial relations system. The Full Bench also found that the agreement was fair and did not discriminate against any particular group of employees.

As a result of the Full Bench's decision, the Pacific Formwork Employment Pty Ltd and CFMEU ACT Enterprise Agreement 2016 was approved under the Fair Work Act 2009. The agreement will now be registered with the Fair Work Commission, and the terms and conditions outlined in the agreement will apply to the employees covered by the agreement.

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