Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7867)

ROVERA SCAFFOLDING (QLD) PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 OCTOBER 2021

Application for approval of the Rovera Scaffolding (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

[1] An application has been made for approval of a greenfields agreement known as the Rovera Scaffolding (QLD) Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[2] 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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 2 November 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a proposed collective agreement between Rovera Scaffolding (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2021 to 2025. The CFMEU sought the court's approval of the agreement, which outlined terms and conditions for employees within the minor civil construction sector in Queensland.

The primary legal issue the court had to address was whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009. This included ensuring that the agreement met the criteria for "better off overall" and "in the national system" as outlined in the Fair Work (Registered Organisations) Act 2009. The court needed to determine if the agreement provided a fair and reasonable outcome for the employees and adhered to the broader principles of the national workplace relations system.

In delivering its judgment, the court examined the details of the proposed agreement and assessed whether it met the necessary criteria. The court found that the agreement satisfied the requirements of the Fair Work Act, as it provided employees with terms and conditions that were at least as good as, or better than, the minimum standards set out in the relevant awards and national safety and wage regulations. The court also considered the views of both parties and the evidence presented, ultimately concluding that the agreement was fair and met the statutory requirements. Consequently, the court approved the proposed collective agreement for the specified period.

No further orders were made beyond the approval of the collective agreement as it was submitted by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established