DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5814)

ALL SYSTEMS SCAFFOLDING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 JULY 2021

Application for approval of the ALL SYSTEMS SCAFFOLDING 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 ALL SYSTEMS SCAFFOLDING 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and All Systems Scaffolding, sought approval for their Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023. The matter was heard by the Fair Work Commission (FWC). The primary legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was appropriate to approve the agreement as a "single interest" enterprise agreement, given the specific circumstances of the scaffolding industry.

The FWC assessed the agreement against the statutory criteria for approval, including whether it facilitated the efficient operation of the enterprise, promoted the economic prosperity of the parties, and maintained harmonious workplace relations. The FWC also considered the agreement's provisions in light of industry-specific conditions and practices. The FWC found that the agreement met the statutory requirements and was consistent with the broader objectives of the Fair Work Act. The FWC emphasised the importance of the agreement in addressing unique challenges faced by subcontractors in the scaffolding industry, including the need for flexible work arrangements and protections against unfair dismissal. Based on this analysis, the FWC approved the agreement, recognising its role in balancing the interests of both employers and employees in this sector.

The FWC's decision to approve the agreement was made on the basis that it provided appropriate protections and benefits to the employees covered by the agreement, while also facilitating the efficient operation of the enterprises involved. The FWC's approval of the agreement as a "single interest" enterprise agreement was also supported by the specific industry context, which warranted a tailored approach to address the particular needs and challenges of the scaffolding industry.

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