DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2016/7629)

IC FORMWORK SERVICES PTY LTD AND THE CFMEU ACT ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the IC Formwork Services Pty Ltd and the CFMEU ACT Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the IC Formwork Services Pty Ltd and the 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 28 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 involved an application for the approval of an enterprise agreement between IC Formwork Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the ACT. The application was brought before the Fair Work Commission. The primary dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness and the avoidance of potential disadvantages to employees.

The court needed to determine whether the agreement was genuinely a product of genuine agreement, free from any duress, coercion, or other unfair labour practices. Additionally, it had to ascertain if the agreement included appropriate mechanisms to ensure procedural fairness and whether the agreement provided adequate protections for employees, particularly in terms of avoiding any potential disadvantages that might arise from the agreement's provisions.

In its decision, the Commission examined the process by which the agreement was negotiated and whether it adhered to the principles of procedural fairness. The Commission also evaluated the content of the agreement to ensure it did not unfairly disadvantage employees. The Commission found that the agreement was genuinely negotiated and did not result in any disadvantage to employees. Consequently, the Commission approved the enterprise agreement, affirming that it met the legal standards set out in the Fair Work Act.

The final orders of the Commission were that the IC Formwork Services Pty Ltd and the CFMEU ACT Enterprise Agreement 2016 be approved, effective from the date of the decision. This approval allows the agreement to be registered and enforced as a legally binding contract between the employer and the employees represented by the union.

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