DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5106)

ALL SCAFFOLDING 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, 25 MAY 2021

Application for approval of the ALL SCAFFOLDING 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 ALL SCAFFOLDING 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 1 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ALL SCAFFOLDING PTY LTD sought approval for the Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023. The matter was heard in the Fair Work Commission (FWC), with Ian Bray, Commissioner, presiding. The principal issue before the FWC was whether the agreement met the requirements for approval under section 234 of the Fair Work Act 2009. The FWC was required to consider whether the agreement was in the public interest and if it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The FWC examined the fairness and reasonableness of the agreement by considering factors such as the coverage of the agreement, the parties' bargaining positions, and the terms and conditions of the agreement. The FWC found that the agreement was in the public interest as it promoted industrial peace and provided a framework for the resolution of disputes between the parties. The FWC also found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, taking into account the specific circumstances of the industry and the parties' bargaining positions.

In light of the FWC's findings, the application for approval of the Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023 was approved. The FWC made an order approving the agreement, which will now be in effect for the period of 2020 to 2023. The approval of the agreement provides certainty for the parties and their employees, and promotes industrial peace within 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