Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3797)

INDEPENDENT CONTRACTING PTY LTD T/AS INDEPENDENT SCAFFOLDS 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, 11 OCTOBER 2024

Application for approval of the Independent Contracting Pty Ltd T/AS Independent Scaffolds 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 Independent Contracting Pty Ltd T/AS Independent Scaffolds 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 11 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Independent Contracting Pty Ltd T/A Independent Scaffolds and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) to have the Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027 approved by the Fair Work Commission. The union and the employer sought to have this agreement recognised as a lawful enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the primary focus being on the procedural and substantive fairness of the agreement.

The court had to determine several key legal issues, including whether the agreement complied with the procedural requirements for enterprise agreements as set out in the Fair Work Act. This included assessing whether the agreement had been made in good faith, whether it had been made without coercion, and whether it had been fairly negotiated. Additionally, the court had to ensure that the agreement met the substantive fairness standards, meaning that it contained appropriate terms and conditions that were fair and reasonable for the employees and employers involved.

The Fair Work Commission examined the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the overall fairness of the agreement. The Commission found that the agreement had been made in good faith and without coercion. It also found that the negotiation process was fair and that the terms of the agreement were reasonable and appropriate for both parties. Consequently, the Commission approved the agreement, recognising it as a lawful enterprise agreement under the Fair Work Act.

As a result of the approval, the Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027 is now binding on all employees covered by the agreement and employers associated with Independent Contracting Pty Ltd T/A Independent Scaffolds. This agreement will govern the terms and conditions of employment for the specified period, and both parties are required to adhere to the terms as outlined in the agreement.

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