DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4596)

ERECT SAFE SCAFFOLDING (SYDNEY) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 APRIL 2021

Application for approval of the Erect Safe Scaffolding (Sydney) Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Erect Safe Scaffolding (Sydney) Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 April 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for approval of the Erect Safe Scaffolding (Sydney) Pty Ltd / CFMEU Collective Agreement 2019-2023. The dispute involved the terms and conditions of employment between the union and the scaffolding company, focusing on issues such as wages, working conditions, and dispute resolution mechanisms. The primary legal issue was whether the agreement met the criteria for being approved under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided a safety net of minimum entitlements and if it was free from provisions that undermined the safety net.

The Commission examined the agreement clause by clause to ensure it did not include any terms that would allow for payments below the applicable award or registered agreement rates. The CFMEU argued that the agreement provided fair and reasonable terms for the employees, while Erect Safe Scaffolding contended that certain clauses were unfair and did not reflect the market conditions. After careful consideration, the Commission found that the agreement did not contain any provisions that undermined the safety net and was therefore consistent with the requirements of the Fair Work Act. The Commission also noted the parties' efforts to negotiate in good faith and the overall fairness of the terms agreed upon.

As a result, the Fair Work Commission approved the Erect Safe Scaffolding (Sydney) Pty Ltd / CFMEU Collective Agreement 2019-2023. This decision sets a precedent for similar agreements in the industry and ensures that the rights and conditions of employees are adequately protected. The approval was based on the findings that the agreement provided a safety net of minimum entitlements and did not contain any unfair provisions. The Commission's decision reinforces the importance of fair and reasonable terms in collective agreements, balancing the interests of both employers and employees.

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