Construction, Forestry and Maritime Employees Union

[2024] FWCA 4026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4242)

JC SCAFFOLDING TRUST (THE TRUSTEE FOR) T/AS JC 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, 19 NOVEMBER 2024

Application for approval of the JC Scaffolding Trust (The Trustee For) T/AS JC 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 JC Scaffolding Trust (The Trustee For) T/AS JC 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 19 November 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of an enterprise agreement between JC Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027. The dispute arose from the proposed terms and conditions of employment contained in the agreement, which the union sought to have recognised and approved by the Commission.

The key legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in accordance with the process outlined in the Act, if it complied with the provisions for minimum entitlements, and if it was in the best interests of the employees covered by the agreement. Additionally, the Commission had to assess if the agreement was free from any unfair content that could potentially undermine the rights of employees.

In its decision, the Commission found that the agreement had been made following the correct process and contained provisions that met the minimum standards prescribed by the Act. The Commission noted that the agreement included provisions for wages, hours of work, and other conditions that were at least equal to, or better than, the relevant national award or modern award. Furthermore, the Commission concluded that the agreement did not contain any unfair content and was in the best interests of the employees. As a result, the Commission approved the proposed enterprise agreement.

The Commission's final order was the approval of the JC Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027, which will now apply to the employees of JC Scaffolding Pty Ltd for the duration of the agreement. This decision ensures that the employees will benefit from the agreed-upon terms and conditions, which are considered to be fair and in their best interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established