DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4786)

GRAVITY SCAFFOLD SOLUTIONS 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, 3 MAY 2021

Application for approval of the GRAVITY SCAFFOLD SOLUTIONS 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 GRAVITY SCAFFOLD SOLUTIONS 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 10 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Gravity Scaffold Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023. This enterprise agreement sought to establish the terms and conditions of employment for workers in the subcontracting scaffolding industry within Victoria, covering a period of three years.

The legal issues central to this case revolved around whether the proposed agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "better off overall test" compliant, ensuring that the employees would be no worse off financially and had additional benefits when compared to the applicable awards and conditions. Additionally, the Commission needed to verify if the agreement was appropriately certified by the Australian Building and Construction Commission, as stipulated by the Act.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement, considering the impact on the employees' financial conditions and the balance of benefits. The Commission also assessed whether the agreement complied with procedural requirements, including the proper certification by the relevant authority. Ultimately, the Commission concluded that the agreement met the necessary criteria under the Fair Work Act. It was found to be compliant with the "better off overall test" and was appropriately certified, leading to its approval.

The Fair Work Commission approved the Gravity Scaffold Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023. This decision signifies the agreement's formal recognition as a legally binding contract, effective from the date of approval.

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