DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5356)

TRIWEST SCAFFOLDING SERVICES 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 TRIWEST SCAFFOLDING SERVICES 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 TRIWEST SCAFFOLDING SERVICES 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

The applicants in this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and TRIWEST SCAFFOLDING SERVICES, sought approval of the Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023 from the Fair Work Commission. The agreement was submitted for assessment under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act and the Fair Work Regulations 2009.

The primary legal issue before the court was whether the enterprise agreement contained all the mandated terms and conditions as outlined in section 230 of the Fair Work Act, and whether it complied with the Fair Work Regulations. The court was required to determine if the agreement included essential minimum terms, was free from prohibited content, and whether it was procedurally sound. The court also needed to consider if the agreement was in the best interest of the employees, as required by section 235 of the Act.

The Fair Work Commission approved the agreement, finding that it contained all the necessary minimum terms and was free from prohibited content. The commission noted that the agreement was procedurally sound, having been negotiated in good faith and with proper consultation. Furthermore, the commission concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The commission's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by both parties.

The Fair Work Commission approved the Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023, finding that it met all the legal requirements under the Fair Work Act and the Fair Work Regulations. The agreement was deemed to be in the best interests of the employees, and the commission found that it was procedurally sound and free from prohibited content.

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