Construction, Forestry and Maritime Employees Union

[2025] FWCA 1315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1047)

SCAFFOLDS ARE US PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2025

Application for approval of the Scaffolds Are Us Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Scaffolds Are Us Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The 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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 22 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union and Scaffolds Are Us Pty Ltd, where the Union sought approval of a subcontractor enterprise agreement for the scaffolding enterprise from 2024 to 2027. The application was heard in the Fair Work Commission. The Union argued that the agreement would adequately cover the employment conditions of the subcontractors, including wages, hours of work, and other employment standards. Scaffolds Are Us Pty Ltd supported the application, asserting that the agreement would benefit both the company and the subcontractors by providing a clear and fair framework for their employment.

The primary legal issues the Fair Work Commission had to decide were whether the proposed agreement met the requirements under the Fair Work Act 2009 and whether it was in the best interests of the subcontractors. The Commission considered if the agreement provided fair and reasonable terms, covered all mandatory employment conditions, and was free from any discriminatory provisions. The Commission also evaluated if the agreement was the product of genuine bargaining between the parties.

The Fair Work Commission found that the proposed agreement met the statutory requirements and was in the best interests of the subcontractors. The Commission concluded that the agreement provided fair and reasonable terms, covered all mandatory employment conditions, and did not contain any discriminatory provisions. The Commission noted that the agreement was the result of genuine bargaining between the Union and the company, which was evidenced by the process followed in negotiating the agreement. The Commission approved the agreement, stating that it would provide a fair and effective framework for the employment of subcontractors in the scaffolding enterprise.

The Fair Work Commission ordered the approval of the Scaffolds Are Us Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027. The agreement was to be registered and would come into effect on the date of the Commission's decision. The Commission's decision was final and binding on the parties, and the agreement would govern the employment conditions of the subcontractors during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established