DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5650)

CAVA SCAFFOLD SOLUTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2021

Application for approval of the Cava Scaffold Solutions Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Cava Scaffold Solutions 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 7 July 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

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union and Cava Scaffold Solutions Pty Ltd, the Fair Work Commission was tasked with deciding whether to approve the proposed collective agreement for the period 2020-2022. The dispute arose from the union's application for the approval of the agreement, which outlined the terms and conditions of employment for the workers at Cava Scaffold Solutions Pty Ltd. The union argued that the proposed agreement provided fair and reasonable terms for the workers, while the employer contended that certain provisions were unfair and should not be approved.

The legal issues before the Commission included whether the provisions in the agreement that the employer deemed unfair were in fact unfair, and whether any such unfair provisions could be disregarded under the relevant legislation. The Commission needed to balance the interests of both parties, ensuring that the agreement provided fair and reasonable terms for the workers while also taking into account the legitimate needs and interests of the employer. The Commission also had to consider whether the proposed agreement met the requirements of the Fair Work Act 2009.

After examining the arguments and evidence presented by both parties, the Commission found that some of the provisions in the proposed agreement were indeed unfair. However, the Commission determined that these unfair provisions could be disregarded in accordance with the legislation. The Commission concluded that the overall agreement provided fair and reasonable terms for the workers, taking into account the legitimate needs and interests of the employer. The Commission approved the agreement, subject to the exclusion of the unfair provisions.

The Fair Work Commission ordered the approval of the Cava Scaffold Solutions Pty Ltd and CFMEU Union Collective Agreement 2020-2022, with the exclusion of certain unfair provisions. The decision was made in accordance with the Fair Work Act 2009, and the approved agreement would now govern the terms and conditions of employment for the workers at Cava Scaffold Solutions Pty Ltd for 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