DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5240)

THE TRUSTEE FOR THE J MAULDON FAMILY TRUST TAS SCAFFMAN FOR HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JUNE 2021

Application for approval of THE TRUSTEE FOR THE J MAULDON FAMILY TRUST Tas SCAFFMAN FOR HIRE 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 TRUSTEE FOR THE J MAULDON FAMILY TRUST Tas SCAFFMAN FOR HIRE 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

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CaseChat Overview and Summary

The case involved an application for the approval of a sub-contractors' enterprise agreement between Tas Scaffman For Hire Pty Ltd, the J Mauldon Family Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission in Australia. The agreement in question was the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023.

The primary legal issue the court had to address was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for appropriate minimum wages and conditions, and whether it was made in good faith and without the influence of any improper conduct. The court also needed to determine if the agreement was suitable for the particular industry and if it complied with other relevant legislative requirements.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The court was satisfied that the agreement provided for appropriate minimum wages and conditions, and that it was made in good faith. The Commission also found that the agreement was suitable for the scaffolding industry and complied with all relevant legislative requirements. The court approved the agreement, allowing it to come into effect as planned.

The final orders of the court were that the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023 be approved and registered. The agreement was to be effective from the date of the decision, and the parties were directed to take all necessary steps to give effect to the agreement. The decision provides clarity for employers and employees in the scaffolding industry and ensures that they are protected by appropriate minimum wages and conditions.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established