DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3739)

SCAFFOLD LOGISTICS COMMERCIAL 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, 17 DECEMBER 2020

Application for approval of the SCAFFOLD LOGISTICS COMMERCIAL 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 SCAFFOLD LOGISTICS COMMERCIAL 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 24 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Scaffold Logistics Commercial Pty Ltd (Scaffold Logistics) jointly applied for approval of the Subcontractors Contract Scaffolding Enterprise Agreement 2020-2023 (the Agreement). The CFMEU is a registered organisation and Scaffold Logistics is an employer within the meaning of the Fair Work Act 2009. The Agreement is a draft of an enterprise agreement which, if approved, would apply to approximately 40 employees of Scaffold Logistics who are members of the CFMEU. The Agreement was prepared in accordance with the process outlined in section 230 of the Fair Work Act. The parties submitted that the Agreement had been fairly and genuinely negotiated and contained no provisions that were contrary to the public interest. The sole issue before the Commission was whether the Agreement should be approved. In considering the issue, the Commission noted that it was not required to be satisfied that the Agreement was the best possible agreement or the one that the Commission would have negotiated itself. Rather, the Commission was required to be satisfied that the Agreement had been fairly and genuinely negotiated and contained no provisions that were contrary to the public interest. The Commission was satisfied that the Agreement had been fairly and genuinely negotiated and contained no provisions that were contrary to the public interest. The Agreement included a range of provisions that were consistent with industry standards and practices, including provisions relating to wages, hours of work, leave, and other conditions of employment. The Commission also noted that the Agreement contained provisions that were designed to promote the health, safety and welfare of employees, such as provisions relating to the provision of personal protective equipment and the implementation of a drug and alcohol policy. Accordingly, the Commission was satisfied that the Agreement should be approved. The Agreement was approved by the Fair Work Commission on 24 March 2020.

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