DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6781)

ALLIED SCAFFOLDING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 AUGUST 2021

Application for approval of the ALLIED SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the ALLIED SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the ALLIED SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023. The Fair Work Commission was tasked with considering the application in light of its obligations under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement was consistent with the provisions of the Act and if it adequately addressed the interests of the employees and the employer.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. This included assessing whether the agreement provided for the employees' minimum entitlements, ensured fairness in the workplace, and allowed for appropriate industrial action if necessary. The Commission also had to consider if the agreement met the standards of good faith bargaining and if it provided for a fair and reasonable resolution of disputes.

In its decision, the Commission noted that the proposed agreement had been negotiated in good faith and provided for minimum entitlements that were no less favourable than those provided by the applicable awards. The Commission found that the agreement was fair and reasonable and met the standards set by the Fair Work Act. The agreement included provisions for the resolution of disputes, which the Commission deemed adequate. Furthermore, the Commission concluded that the agreement was in the best interests of the employees as it provided for fair wages, conditions, and a mechanism for resolving disputes. The application for approval was therefore granted.

The Fair Work Commission approved the ALLIED SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023, effective from the date of the decision. This decision ensures that the terms of the agreement are binding on the parties and provides a framework for the employment relationship between the employer and the employees during the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established