DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6200)

ROVERA SCAFFOLDING (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JULY 2021

Application for approval of the Rovera Scaffolding (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Rovera Scaffolding (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement between Rovera Scaffolding (QLD) Pty Ltd and the union for the period 2020-2022. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The union argued that the agreement was necessary to protect the rights and conditions of employees in the industry, while Rovera Scaffolding opposed the application, citing concerns over the agreement's impact on their business operations.

The legal issues before the court involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act, including whether it was a genuine enterprise agreement, it was free from unlawful content, and it was in the best interests of the employees. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was likely to promote harmonious, productive and cooperative workplace relations. The court also had to consider whether the agreement complied with any relevant laws and regulations.

In delivering its decision, the court found that the agreement met all the necessary criteria for approval. The court was satisfied that the agreement was a genuine enterprise agreement, it was free from unlawful content, and it was in the best interests of the employees. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and it was likely to promote harmonious, productive and cooperative workplace relations. The court also found that the agreement complied with all relevant laws and regulations. Based on these findings, the court approved the agreement.

The final orders of the court were that the Rovera Scaffolding (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would be in effect from 1 July 2020 until 30 June 2022. The court's decision provides clarity and certainty for both the union and the employer, and ensures that the employees are protected by a fair and reasonable agreement.

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