Mitcon Formwork Pty Ltd

[2014] FWCA 3568

FAIR WORK COMMISSION

DECISION

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

Mitcon Formwork Pty Ltd
(AG2014/6128)

MITCON FORMWORK PTY LTD / CFMEU ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 30 MAY 2014

Application for approval of the Mitcon Formwork Pty Ltd / CFMEU Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mitcon Formwork Pty Ltd / CFMEU Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitcon Formwork Pty Ltd. The Agreement is a single-enterprise agreement.

[2] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

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

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2014. The nominal expiry date of the Agreement is 18 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mitcon Formwork Pty Ltd applied to the Fair Work Commission for approval of the Mitcon Formwork Pty Ltd / CFMEU Enterprise Agreement 2014. The Fair Work Commission is the tribunal with jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The CFMEU (Construction, Forestry, Maritime, Mining and Energy Union) objected to the agreement, arguing it did not meet the requirements of the Act. The central legal issues were whether the agreement was properly certified and whether it contained all the mandatory terms and conditions specified in the Act.

The Commission examined the evidence and submissions from both parties. It found that the union had certified the agreement in accordance with the Act, and the agreement contained all the mandatory terms and conditions. The Commission was satisfied that the agreement was made in good faith and met the requirements for approval under the Act. The objecting union's arguments were rejected, and the application for approval of the agreement was successful.

The Fair Work Commission approved the Mitcon Formwork Pty Ltd / CFMEU Enterprise Agreement 2014. The agreement is now registered and in force. The union's objections were dismissed. The parties must comply with the terms of the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established