DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5212)

RAVEN SCAFFOLDS 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, 31 MAY 2021

Application for approval of the RAVEN SCAFFOLDS 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 RAVEN SCAFFOLDS 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 7 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RAVEN SCAFFOLDS PTY LTD, sought approval for the Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), raised objections to the application. The dispute was brought before the Fair Work Commission, a specialist workplace relations tribunal in Australia. The central legal issues involved whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly if it was made in the course of genuine bargaining, free from any form of coercion, and if it contained the necessary minimum terms and conditions.

The Commission considered the arguments presented by both parties, examining the process through which the agreement was reached and the contents of the agreement itself. The Commission found that the agreement had been made in good faith and was not the result of any undue pressure or coercion. Furthermore, it held that the agreement contained all the required minimum terms and conditions as prescribed by the Fair Work Act 2009. The Commission also noted that the agreement did not discriminate against any particular group of workers and was in line with broader labour market practices.

As a result, the Commission approved the Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023. The decision confirmed that the agreement was valid and binding on all parties involved, ensuring that the workers would be covered by the terms set out in the agreement. The Commission's ruling underscored the importance of genuine bargaining and the need for agreements to meet statutory requirements to be considered valid and enforceable.

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