DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6448)

THE TRUSTEE FOR GRYPHON SCAFFOLDING UNIT TRUST T/AS GRYPHON SCAFFOLDING AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2021

Application for approval of The Trustee for Gryphon Scaffolding Unit Trust T/As Gryphon Scaffolding and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of a greenfields agreement known as The Trustee for Gryphon Scaffolding Unit Trust T/As Gryphon Scaffolding and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 16 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by The Trustee for Gryphon Scaffolding Unit Trust, trading as Gryphon Scaffolding, for approval of a union collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009, specifically focusing on the procedural fairness and the provisions of the agreement itself. The Fair Work Commission, led by Commissioner Ian Ross, was tasked with examining these aspects.

The central legal issues before the Commission involved verifying whether the union had followed proper procedures in representing the employees during the negotiation process and whether the terms and conditions set out in the collective agreement complied with the statutory requirements and did not contravene any federal safety laws or industrial relations principles. Additionally, the Commission needed to assess whether the agreement adequately protected employee rights while maintaining fair and efficient workplace practices.

In delivering the decision, Commissioner Ross emphasised the importance of procedural fairness in union negotiations. The Commission found that the CFMEU had adequately represented the employees in negotiating the agreement, satisfying the requirements of procedural fairness. Regarding the substantive content of the agreement, the Commission confirmed that the terms and conditions did not contravene any federal safety laws and were consistent with the principles of fair work. The agreement was thus found to be compliant with the Fair Work Act 2009 and was approved for registration.

The final orders of the Commission included the approval and registration of the CFMEU Union Collective Agreement 2020-2022, with the agreement to be effective from the date of the decision. The Commission also mandated that both parties adhere to the terms of the agreement, ensuring that it would be implemented in a manner that upheld the principles of fairness and compliance with industrial relations laws.

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