Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWC 2827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4311)

SCAFFOLD LOGISTICS PTY LTD Loy Yang Power Stations & Mine Construction Forestry Mining Energy Union (CFMEU) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 20 OCTOBER 2022

Application for approval of the SCAFFOLD LOGISTICS PTY LTD Loy Yang Power Stations & Mine Construction Forestry Mining Energy Union (CFMEU) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the SCAFFOLD LOGISTICS PTY LTD Loy Yang Power Stations & Mine Construction Forestry Mining Energy Union (CFMEU) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Scaffold Logistics Pty Ltd Loy Yang Power Stations & Mine Construction Forestry Mining Energy Union (CFMEU) Enterprise Agreement 2022. The parties involved were the CFMEU, representing the employees, and Scaffold Logistics Pty Ltd, representing the employer. The dispute centred around whether the terms of the proposed enterprise agreement were in accordance with the Fair Work Act 2009, specifically whether it met the criteria for registration and approval by the Fair Work Commission.

The central legal issue for the court was to determine whether the proposed agreement complied with the provisions of the Fair Work Act. This involved scrutinising the agreement to ensure it did not contain terms that were contrary to public policy, and that it included a mechanism for the resolution of future workplace disputes. Additionally, the court had to verify if the agreement was made in good faith and whether it included adequate protections for employees, particularly those in precarious or vulnerable employment situations.

The court, after reviewing the agreement, found that it did meet the necessary legal standards. The agreement was deemed to be made in good faith, included provisions for dispute resolution, and did not contravene any public policy considerations. It was also noted that the agreement contained protections for employees, including those in more vulnerable positions. Consequently, the court approved the application for the registration of the enterprise agreement.

The final orders of the court were to approve the registration of the Scaffold Logistics Pty Ltd Loy Yang Power Stations & Mine Construction Forestry Mining Energy Union (CFMEU) Enterprise Agreement 2022, thereby ensuring that the agreement could be implemented as a legally binding document between the parties.

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