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

[2014] FWCA 4951

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
(AG2014/1700)

FORMSCAFF FORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 24 JULY 2014

Application for approval of the Formscaff Form Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Formscaff Form 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 has been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes 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 case before the court involved an application for the approval of a collective agreement between Formscaff Form Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division for the period 2014-2017. The dispute arose from disagreements between the parties regarding the terms and conditions of the proposed agreement. The matter was brought before the Fair Work Commission, which is responsible for resolving disputes related to workplace agreements in Australia.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for approval under the Fair Work Regulations 2009. This involved assessing the fairness and reasonableness of the terms and conditions set out in the agreement, as well as ensuring that the agreement was not contrary to public policy. The Commission also had to consider whether the agreement provided for the protection of employees' rights and interests.

In delivering its decision, the Fair Work Commission examined the proposed agreement in detail and considered the submissions made by both parties. The Commission found that the agreement contained provisions that were fair and reasonable, and did not contravene any relevant laws or public policy. The Commission also determined that the agreement provided adequate protection for employees' rights and interests. Based on these findings, the Commission approved the proposed agreement and issued its decision accordingly.

As a result of the Commission's decision, the Formscaff Form Pty Ltd / CFMEU Collective Agreement 2014-2017 was approved and is now legally binding on both parties. The agreement sets out the terms and conditions of employment for employees of Formscaff Form Pty Ltd who are members of the CFMEU, and provides a framework for resolving any disputes that may arise between the parties during the agreement's term.

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