DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6666)

PACIFIC FORMWORK PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER JOHNS	SYDNEY, 21 MARCH 2018

Application for approval of the Pacific Formwork Pty Ltd and CFMEU ACT Enterprise Agreement 2017 .

[1] An application has been made for approval of an enterprise agreement known as the Pacific Formwork Pty Ltd and CFMEU ACT Enterprise Agreement 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 28 March 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of the Pacific Formwork Pty Ltd and the Construction, Forestry, Mining and Energy Union Australian Capital Territory Enterprise Agreement 2017. The application was made by the union, seeking formal recognition and enforcement of the terms agreed upon in the enterprise agreement. The Fair Work Commission was the tribunal hearing the application, tasked with determining whether the agreement met the necessary criteria for approval under Australian labour law.

The primary legal issue the Commission had to address was whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court examined if the agreement was genuinely a bargain between the employer and the employees, whether it dealt with the terms and conditions of employment in good faith, and if it met the "better off overall test". This test ensures that the agreement provides employees with at least the same conditions as those provided by the relevant awards or any existing agreements.

In reaching its decision, the Commission considered various aspects of the agreement, including the negotiation process, the terms of the agreement, and the evidence provided by both parties. It was determined that the agreement was a genuine bargain between the parties, was negotiated in good faith, and passed the better off overall test. The Commission found that the agreement provided employees with better pay and conditions compared to what they would receive under the relevant awards, thus fulfilling the statutory requirements for approval.

The Fair Work Commission approved the Pacific Formwork Pty Ltd and CFMEU ACT Enterprise Agreement 2017, recognising it as a valid and enforceable enterprise agreement. This decision ensures that the agreed terms and conditions of employment are legally binding on both the employer and the employees.

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