DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5124)

SCOOTER COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MAY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Scooter Commercial 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 2 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Scooter Commercial Pty Ltd and CFMEU Union Collective Agreement 2020‒2022, the Fair Work Commission was presented with the task of determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute arose between Scooter Commercial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, with the union seeking to have their proposed agreement recognised and enforced as a lawful document governing the terms and conditions of employment for the company's employees.

The central legal issue that the Commission had to address was whether the collective agreement complied with the statutory requirements outlined in the Act, specifically sections 181 and 182. The Commission was tasked with ensuring that the agreement contained the essential minimum terms as prescribed by the Act, and that it did not unfairly discriminate against any individual employee or group of employees. Furthermore, the Commission needed to assess whether the agreement had been genuinely negotiated between the parties and was not the result of any form of coercion or undue influence.

Upon examining the contents of the proposed agreement, the Commission found that it contained all the essential minimum terms as required by the Act. The agreement also did not exhibit any evidence of unfair discrimination against any individual or group of employees. The Commission was satisfied that the agreement had been genuinely negotiated between the parties, without any coercion or undue influence. Consequently, the Commission approved the collective agreement, thereby ensuring that the terms and conditions of employment for the employees of Scooter Commercial Pty Ltd would be governed by the agreed-upon terms for the duration of the agreement.

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