DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7114)

BELL FORMWORK PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Bell 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 7 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application for the approval of the Bell Formwork Pty Ltd / CFMEU Collective Agreement 2016-2017. The primary dispute centred around whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with evaluating the agreement to determine its fairness and compliance with statutory requirements.

The central legal issues before the Commission involved assessing whether the collective agreement met the procedural and substantive criteria set out in the Fair Work Act. Procedurally, the Commission needed to verify that the agreement had been genuinely bargained between the employer and the union, and that it was made without any improper influence or coercion. Substantively, the Commission had to consider whether the terms of the agreement were fair and reasonable, taking into account the need to promote high-quality employment and productivity while ensuring fairness for employees.

The Commission found that the agreement was genuinely bargained and not made under any duress. It also determined that the terms were fair and reasonable, providing a balance between the interests of the employer and the employees. The Commission concluded that the agreement was in compliance with the statutory requirements and approved the collective agreement. The Commission's decision was based on the evidence presented and the legal framework provided by the Fair Work Act. The approval of the agreement was granted, enabling its implementation for the specified period.

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