DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SG Formwork Pty Ltd T/A SG Formwork
(AG2016/5473)

SG FORMWORK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the SG Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the SG Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SG Formwork Pty Ltd T/As SG Formwork. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy 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) 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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

SG Formwork Pty Ltd, trading as SG Formwork, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of their Enterprise Agreement 2016-2018. The Fair Work Commission was asked to consider the application for approval of the agreement, which was made pursuant to section 234 of the Fair Work Act 2009. The dispute primarily concerned the terms and conditions of employment within the enterprise, including wages, hours of work, and other workplace arrangements.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the requirements for good faith bargaining and the protection of employees' rights. Additionally, the Commission needed to determine if the agreement met the standards for "better off overall" and whether it adequately balanced the interests of both employers and employees.

The Fair Work Commission examined the negotiation process and found that it was conducted in good faith, with both parties engaging in meaningful discussions. The Commission also assessed the terms of the agreement to ensure they were fair and reasonable, considering the economic and operational context of the enterprise. The Commission determined that the agreement provided a fair and reasonable outcome for all employees and was in line with the principles of the Fair Work Act. Consequently, the Commission approved the Enterprise Agreement 2016-2018.

The Commission's decision was communicated in a written determination, which included the approval of the Enterprise Agreement. The agreement was deemed to be fair and reasonable, and it was approved for the specified period of 2016 to 2018. This decision ensured that the terms and conditions of employment were adequately regulated and protected the interests of both the employer and the employees within the enterprise.

SG Formwork Pty Ltd T/A SG Formwork

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established