DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5377)

ALUMINIUM SCAFFOLDS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2020-2023

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

Application for approval of the ALUMINIUM SCAFFOLDS (VIC) PTY LTD 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 ALUMINIUM SCAFFOLDS (VIC) PTY LTD 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 16 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting as a certified union, lodged an application for the approval of the Aluminium Scaffolds (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023. The agreement was negotiated between the union and the employer and covers employees who are engaged as scaffolding labour hire workers. The Commission was required to determine whether the agreement should be approved under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. This involved assessing whether the agreement met the requirements for "better off overall" and "no disadvantage" tests, and whether it adhered to the principles of good faith bargaining. Additionally, the Commission considered whether the agreement contained terms that were contrary to public policy or were otherwise invalid.

The Commission found that the agreement was fair and reasonable, and met the "better off overall" and "no disadvantage" tests. The agreement provided for a number of improvements to the employees' conditions, including increased wages, improved leave entitlements, and better health and safety provisions. The Commission also found that the agreement was the product of good faith bargaining and did not contain any terms that were contrary to public policy. Accordingly, the Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Commission's approval of the enterprise agreement is a significant victory for the union and its members. The agreement provides for a number of improvements to the employees' conditions, which will help to ensure that they are fairly compensated for their work. The approval of the agreement also sends a strong message to employers in the scaffolding industry that they must negotiate in good faith with their employees and their representatives.

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