DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5285)

SMARTSCAFF PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 JUNE 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Smartscaff 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 11 June 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

The case involved an application for approval of a collective agreement between Smartscaff Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, Australia's industrial relations tribunal. The union sought to have the proposed collective agreement, which included terms and conditions of employment for workers in the scaffolding industry, approved under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement met the criteria for approval under the Act, particularly focusing on the process followed in negotiating the agreement and whether it complied with the requirements for good faith bargaining. The Commission also needed to consider if the agreement provided for fair and reasonable terms and conditions of employment and if it was in the best interests of the employees covered by the agreement.

In its decision, the Commission noted that the process of negotiation was conducted in good faith, with both parties engaging in meaningful discussions. The Commission found that the agreement contained terms and conditions that were fair and reasonable, taking into account the industry context and the needs of the employees. The Commission was satisfied that the agreement was in the best interests of the employees and approved the collective agreement. The Commission emphasised the importance of good faith bargaining and the role of the agreement in providing a stable and fair working environment for employees in 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