Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4432)

RIGID 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 MASSON	MELBOURNE, 22 NOVEMBER 2024

Application for approval of the Rigid Scaffolding 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 Rigid Scaffolding Pty Ltd and The CFMEU (Victorian Construction And General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2024. The nominal expiry date of the Agreement is 2 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, as the representative of employees in the scaffolding industry, applied to the Fair Work Commission for approval of a proposed enterprise agreement between Rigid Scaffolding Pty Ltd and the union. The proposed agreement aimed to establish terms and conditions for subcontractors engaged in the scaffolding industry within Victoria. The dispute arose from the process and content of the agreement, which was to cover the period from 2024 to 2027.

The legal issues before the Fair Work Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The commission had to consider if the agreement appropriately balanced the interests of both employers and employees, and if it complied with minimum standards set by the Act. Additionally, the commission needed to ensure that the agreement did not undermine industrial harmony and that the process of its formation was fair and transparent.

In its decision, the Fair Work Commission found that the proposed agreement was made in good faith and provided for a fair and efficient workplace. The commission considered that the agreement appropriately balanced the interests of both employers and employees and met the minimum standards required by the Act. The commission noted that the agreement included provisions for a dispute resolution process, which was deemed to be fair and efficient. Furthermore, the commission found that the agreement would not undermine industrial harmony and that the process of its formation was fair and transparent. Consequently, the commission approved the proposed agreement.

The Fair Work Commission approved the Rigid Scaffolding Pty Ltd and The CFMEU (Victorian Construction And General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027, effective from 1 March 2024. The commission's approval ensures that the terms and conditions of employment for subcontractors in the scaffolding industry in Victoria are governed by this agreement 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