Paul Caelli Formwork Pty Ltd T/A Paul Caelli Formwork Pty Ltd Summary

[2024] FWCA 4514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Paul Caelli Formwork Pty Ltd T/A Paul Caelli Formwork Pty Ltd

(AG2024/4726)

PAUL CAELLI FORMWORK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 DECEMBER 2024

Application for approval of the Paul Caelli Formwork Pty Ltd and the CFMEU(Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Paul Caelli Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Paul Caelli Formwork Pty Ltd T/A Paul Caelli Formwork Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 December 2024.

On 9 December 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

The Applicant provided supporting material to resolve the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

The Construction, Forestry and Maritime Employees Union, 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.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Paul Caelli Formwork Pty Ltd, trading as Paul Caelli Formwork Pty Ltd, and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission. The applicants sought approval of the proposed enterprise agreement, which outlines the terms and conditions of employment for formwork subcontractors employed by Paul Caelli Formwork Pty Ltd.

The legal issues before the Commission were whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009 and whether it contained all the necessary provisions to be approved. The applicants needed to demonstrate that the agreement had been fairly and properly negotiated, covered the appropriate bargaining unit, and complied with the minimum protections set out in the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided fair and reasonable terms.

The Commission considered the evidence and submissions from both parties, focusing on the negotiation process, the content of the agreement, and its compliance with the statutory requirements. The Commission found that the agreement had been fairly and properly negotiated, covered the appropriate bargaining unit, and contained all the necessary provisions. The Commission also found that the agreement provided fair and reasonable terms and was in the best interests of the employees. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the Paul Caelli Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027 be approved as a certified agreement under the Fair Work Act 2009, effective from 1 July 2024. The agreement will apply to the specified bargaining unit and will remain in force until 30 June 2027.

Paul Caelli Formwork Pty Ltd T/A Paul Caelli Formwork Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established