Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/381)

SCAFFOLD LOGISTICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 6 MARCH 2025

Application to approve the SCAFFOLD LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the SCAFFOLD LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application to approve a proposed enterprise agreement between Scaffold Logistics Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement, titled the Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027, was submitted for consideration under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the necessary requirements for approval, including compliance with the Act and fairness in terms and conditions of employment.

The primary legal issues the court had to address were whether the agreement was made in good faith, whether it contained the necessary minimum terms, and whether it was fair and reasonable. The court also examined if the agreement met the procedural requirements for registration, including the correct bargaining processes and whether any relevant parties were given an opportunity to be involved. The court had to determine if the agreement provided for proper dispute resolution mechanisms and if it adhered to the standards of procedural fairness.

In reaching its decision, the court considered the evidence presented and the arguments made by both parties. It found that the agreement was made in good faith and contained all the necessary minimum terms as stipulated by the Fair Work Act. The court also concluded that the agreement was fair and reasonable, providing appropriate protections and benefits for the employees. The procedural fairness was upheld, as the bargaining process was transparent and all relevant parties were given a chance to participate. The court noted that the dispute resolution mechanisms were adequate and in line with legal standards. Consequently, the court approved the proposed agreement.

The final orders of the court were to approve and register the Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027, effective from the date of the decision. This decision confirmed the legal validity of the agreement and set the terms and conditions for the employment of workers in the scaffolding industry for the specified period.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established