Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7570)

SAFE AND SOUND SCAFFOLDING PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the Safe and Sound Scaffolding Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Safe and Sound Scaffolding Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (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 ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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 its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 30 September 2021 and, in accordance with s 54, will operate from 7 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Safe and Sound Scaffolding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The application was heard in the Fair Work Commission (FWC). The primary dispute centred around whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and the substantive fairness of the agreement.

The key legal issues before the FWC were whether the enterprise agreement was fairly negotiated and whether it met the standards of procedural fairness. The FWC was required to determine if the union had properly represented the employees and if the agreement contained terms that were fair and reasonable. Additionally, the FWC needed to assess whether the agreement provided for the appropriate minimum entitlements for employees.

The FWC found that the union had properly represented the employees and that the negotiation process had been conducted in a manner that met the standards of procedural fairness. The FWC examined the terms of the agreement and concluded that they were fair and reasonable. The FWC determined that the agreement provided for the appropriate minimum entitlements and did not contain any terms that were contrary to public policy or that otherwise rendered the agreement unenforceable. Therefore, the FWC approved the enterprise agreement, finding that it complied with the relevant legislative requirements. The FWC made orders approving the Safe and Sound Scaffolding Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024.

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