DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7137)

FORCE FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Force Formwork Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Force Formwork Pty Ltd / CFMEU Collective Agreement 2016-2017 (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 14 December 2016. 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 court involved an application for the approval of a collective agreement between Force Formwork Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose in the context of industrial relations, where the CFMEU sought to have the collective agreement recognised and enforced. The Fair Work Commission was the judicial body tasked with reviewing the application.

The central legal issues before the court centred on whether the collective agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees and whether it complied with the procedural requirements set out in the Act. The procedural requirement included whether proper consultation had occurred with the employees and if the agreement was free from any illegal or unfair content.

In addressing these issues, the court found that the collective agreement met all the statutory criteria. The agreement was deemed to be in the best interests of the employees, as it provided for fair terms and conditions of employment. The court also found that the procedural requirements had been met, as there was evidence of proper consultation with the employees and the agreement did not contain any illegal or unfair content. Consequently, the court approved the collective agreement, allowing it to take effect from the specified period. This decision ensures that the terms and conditions outlined in the agreement are enforceable between the parties involved.

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