Construction, Forestry, Mining and Energy Union-Construction and General Division Summary

[2014] FWCA 7247

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2014/7562)

VPT FORMWORK (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 OCTOBER 2014

Application for approval of the VPT Formwork (NSW) Pty Ltd/CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as VPT Formwork (NSW) Pty Ltd / CFMEU Collective Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (the Union). The agreement is single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Union have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of the decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of the Construction, Forestry, Mining and Energy Union-Construction and General Division, the Fair Work Commission was presented with an application for the approval of a collective agreement between VPT Formwork (NSW) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application arose in the context of the parties negotiating a new enterprise agreement for the period 2014-2017. The CFMEU sought to have the proposed agreement, which contained various terms and conditions concerning wages, hours of work, and other employment matters, approved by the Commission.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, specifically focusing on the requirements for good faith bargaining and whether the agreement met the criteria for being considered a "registered agreement." This involved assessing whether the agreement had been made in good faith, whether it contained the necessary minimum terms, and whether it adhered to the prescribed procedural requirements for the approval of enterprise agreements.

The Commission determined that the proposed agreement was made in good faith and contained all the required minimum terms. It further found that the agreement had been negotiated in accordance with the relevant provisions of the Fair Work Act. The Commission was satisfied that the parties had engaged in genuine bargaining and that the agreement reflected a fair and reasonable compromise between the parties' respective positions. As a result, the Commission approved the collective agreement, finding that it complied with the necessary legal standards and could be registered as a valid enterprise agreement.

In light of the Commission's determination, the application for approval of the VPT Formwork (NSW) Pty Ltd/CFMEU Collective Agreement 2014-2017 was successful. The agreement was registered, and it became binding on the employer and the employees covered by the agreement, effective from the specified commencement date.

Construction, Forestry, Mining and Energy Union-Construction and General Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established