DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3552)

CROWN SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 DECEMBER 2020

Application for approval of the Crown Scaffolding Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Crown Scaffolding Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 10 December 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was tasked with approving a proposed collective agreement between Crown Scaffolding Pty Ltd and the union. The case involved a dispute over the terms and conditions of employment, particularly focusing on wage rates and conditions for workers within the scaffolding industry. The Fair Work Commission was the court responsible for resolving this industrial dispute, as it has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues before the court centred on whether the proposed agreement complied with the legal standards set out in the Fair Work Act. The primary concern was ensuring that the agreement did not disadvantage employees or undermine the minimum standards provided by the Act. The court also had to consider whether the agreement was made in good faith and whether it provided for proper representation and negotiation between the employer and the union.

The Fair Work Commission found that the proposed agreement met all the necessary legal criteria. The court determined that the agreement was fair and reasonable, providing appropriate terms and conditions for employees without disadvantaging them. It was noted that the agreement provided for proper representation and negotiation, and it did not undermine the minimum standards set by the Act. Therefore, the court approved the agreement, recognising its compliance with the statutory requirements.

The final orders of the court were to approve the Crown Scaffolding Pty Ltd / CFMEU Collective Agreement 2019-2022, confirming its legality and enforceability. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties for the specified period.

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