Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5181)

ALL SCAFFOLDING 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, 24 DECEMBER 2024

Application for approval of the All Scaffolding 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 All Scaffolding 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 24 December 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the All Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027. The primary parties involved in the dispute were the union, representing the employees, and the employer, All Scaffolding Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval.

The key legal issues before the Commission were whether the agreement provided for a fair and efficient workplace, and if it was consistent with the objectives of the Fair Work Act 2009. The Commission had to assess if the agreement included provisions for minimum wages, penalty rates, leave entitlements, and other terms that aligned with the statutory minimum standards. Additionally, the Commission needed to consider if the agreement was negotiated in good faith and whether it provided for an effective system of dispute resolution.

In its decision, the Commission noted that the agreement included provisions that met or exceeded the minimum standards set by the Fair Work Act. It also found that the agreement was negotiated in good faith, as evidenced by the process and documentation provided. The Commission highlighted the inclusion of provisions for minimum wages, penalty rates, leave entitlements, and a dispute resolution mechanism. Given these findings, the Commission approved the agreement, determining that it was fair and efficient and consistent with the objectives of the Act.

The Commission's final order was the approval of the All Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027. This approval ensures that the terms of the agreement will govern the employment conditions for the specified period, providing a framework for fair and efficient workplace practices.

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