DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6669)

THE TRUSTEE FOR CENTRAL SCAFFOLDS LTDST T/AS CENTRAL SCAFFOLDS 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, 23 AUGUST 2021

Application for approval of THE TRUSTEE FOR CENTRAL SCAFFOLDS LTDST T/As CENTRAL SCAFFOLDS 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 TRUSTEE FOR CENTRAL SCAFFOLDS LTDST T/As CENTRAL SCAFFOLDS 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 30 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

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CaseChat Overview and Summary

The dispute involved an application for the approval of a proposed enterprise agreement between the trustee for Central Scaffolds Limited trading as Central Scaffolds and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The central issue before the court was whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The court needed to determine if the agreement met the statutory requirements for approval, including whether it provided for a fair and reasonable method of determining employees' pay and conditions.

The Fair Work Commission examined the provisions of the proposed agreement, considering its compliance with the legislative requirements. The court assessed whether the agreement contained all the mandatory terms and conditions specified in the Fair Work Act, including provisions for minimum rates of pay, penalty rates, leave entitlements, and other essential employment conditions. Additionally, the court evaluated whether the agreement provided for a fair and reasonable method of determining employees' pay and conditions, taking into account the nature of the industry, the bargaining positions of the parties, and the overall fairness of the agreement. The court also considered the views and submissions of the parties involved, as well as any relevant industry benchmarks and precedents.

After thorough consideration, the Fair Work Commission found that the proposed enterprise agreement complied with the statutory requirements for approval. The court concluded that the agreement contained all the mandatory terms and conditions specified in the Fair Work Act and provided for a fair and reasonable method of determining employees' pay and conditions. The court found that the agreement took into account the specific circumstances of the industry and the bargaining positions of the parties, and that it was fair and reasonable in its overall provisions. Based on these findings, the court approved the proposed enterprise agreement, allowing it to come into effect as per the terms outlined in the agreement.

The final orders of the Fair Work Commission were that the proposed enterprise agreement between the trustee for Central Scaffolds Limited trading as Central Scaffolds and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the decision and would remain in force until the end of the specified term, subject to any variations or terminations in accordance with the agreement's provisions.

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