Euro Formwork Australia Pty Ltd

[2013] FWCA 3537

FAIR WORK COMMISSION

DECISION

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

Euro Formwork Australia Pty Ltd
(AG2013/1270)

EURO FORMWORK AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 JUNE 2013

Application for approval of the Euro Formwork Australia Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Euro Formwork Australia Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Euro Formwork Australia Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

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

[3] 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 is 12 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Euro Formwork Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement under the Fair Work Act 2009. The respondent, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on various grounds, including that the agreement did not fairly and appropriately address the terms and conditions of employment for the employees covered by the agreement. The Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and appropriate terms and conditions of employment, and whether it was appropriately registered.

The Commission considered the arguments of both parties and examined the provisions of the agreement in detail. It found that the agreement provided for fair and appropriate terms and conditions of employment for the employees covered by it, and that it met all the requirements for approval under the Fair Work Act. The Commission also found that the agreement had been appropriately registered.

As a result, the Commission approved the Euro Formwork Australia Pty Ltd Enterprise Agreement 2013 - 2017, and it became legally binding on the parties from the date of the approval. The CFMEU's objections were dismissed, and the agreement was registered on the Australian Industrial Register. The decision of the Commission was final and binding, and could not be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established