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

[2014] FWCA 5683

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
(AG2014/1984)

FORMASEL CIVIL (NSW) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 AUGUST 2014

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

[1] An application has been made for approval of an enterprise agreement known asthe Formasel Civil (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 Applicant). The agreement is a 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 Construction Forestry Mining and Energy Union (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 this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union-Construction and General Division (CFMEU) applied for approval of the Formasel Civil (NSW) Pty Ltd/CFMEU Collective Agreement 2014-2017. The Fair Work Commission (FWC) was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was appropriate and conducive to industrial peace and conciliation, while the respondent, Formasel Civil (NSW) Pty Ltd, raised concerns about the agreement's terms.

The FWC considered the nature and scope of the agreement, including its provisions on wages, working conditions, and dispute resolution mechanisms. The Commission examined whether the agreement promoted good industrial relations practices and whether it provided for fair and reasonable terms and conditions of employment. The CFMEU contended that the agreement represented a fair and reasonable compromise between the parties and provided for a balanced distribution of benefits and responsibilities. The FWC found that the agreement met the criteria for approval as it contained provisions that promoted good industrial relations practices and provided for fair and reasonable terms and conditions of employment.

The FWC approved the Formasel Civil (NSW) Pty Ltd/CFMEU Collective Agreement 2014-2017, finding that it met the criteria for approval under the Fair Work Act 2009. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment and promoted good industrial relations practices. The FWC acknowledged the efforts of both parties in reaching a compromise and concluded that the agreement was conducive to industrial peace and conciliation. The approval of the agreement ensures that the terms and conditions of employment for employees covered by the agreement are fair and reasonable, promoting good industrial relations practices and contributing to industrial peace and conciliation.

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