DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7268)

CENTRAL PROMOTE FORMWORK PTY LTD T/AS CPRO FORMWORK AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Central Promote Formwork Pty Ltd T/As CPRO Formwork and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Central Promote Formwork Pty Ltd T/As CPRO Formwork and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 9 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMU), sought approval for the Central Promote Formwork Pty Ltd T/As CPRO Formwork and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The respondent, Central Promote Formwork Pty Ltd, did not oppose the application but raised concerns about certain provisions of the agreement. The matter was heard by the Fair Work Commission.

The key legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its procedural validity and whether it complied with the 'better off overall test'. The Commission had to determine if the agreement provided employees with conditions that were no worse than the applicable award or safety net awards and if the agreement was made in good faith.

The Commission found that the agreement was procedurally valid and met the requirements of the Act. The 'better off overall test' was satisfied as the agreement provided employees with conditions that were at least as good as, and in many cases better than, those provided by the applicable award. The Commission also concluded that the agreement was made in good faith, considering the context and the negotiations between the parties. The concerns raised by the respondent were addressed through minor amendments to the agreement.

The Commission approved the enterprise agreement with the amendments. The final orders included the approval of the agreement with specific modifications to certain clauses to address the respondent’s concerns. These modifications ensured compliance with the Act and maintained the integrity of 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