Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8741)

BREAKOUT SCAFFOLDING AUSTRALIA PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 21 DECEMBER 2021

Application for approval of the Breakout Scaffolding Australia Pty Ltd and CFMEU ACT Enterprise Agreement 2021.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMEU) has made an application for approval of an enterprise agreement known as the Breakout Scaffolding Australia Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

[3] 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. In accordance with s. 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 December 2021 and, in accordance with s. 54, will operate from 28 December 2021. The nominal expiry date of the Agreement is 1 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Breakout Scaffolding Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the Breakout Scaffolding Australia Pty Ltd and CFMEU ACT Enterprise Agreement 2021. This case was heard in the Fair Work Commission.

The legal issues before the court involved whether the enterprise agreement met the requirements of the Fair Work Act 2009. The court had to determine if the agreement was a genuine enterprise agreement, if it contained the required minimum terms and conditions, and if the agreement had been fairly negotiated. Additionally, the court had to consider if the agreement met the criteria for being a low paid industry agreement.

The court found that the agreement was a genuine enterprise agreement and contained the necessary minimum terms and conditions. It was also determined that the agreement had been fairly negotiated and met the criteria for a low paid industry agreement. The court approved the agreement, highlighting its significance in providing fair and reasonable terms for employees within the industry. The final orders of the court were that the Breakout Scaffolding Australia Pty Ltd and CFMEU ACT Enterprise Agreement 2021 be approved and registered with the Fair Work Commission.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established