DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2696)

EPIC SCAFFOLDING SOLUTIONS PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 30 SEPTEMBER 2020

Application for approval of the Epic Scaffolding Solutions Pty Ltd/CFMEU South Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Epic Scaffolding Solutions Pty Ltd/CFMEU South Australia Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Maritime, Mining and Energy Union (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 September 2020.

[3] On 24 September 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of a submission.

[4] On 29 September 2020, the Applicant provided a Statement of Reuben Nation (Director), a Statement and Supplementary Statement of Desmond Savage (Construction Coordinator of the CFMMEU), a Statement of Liam Devine (employee) and a submission and document comparing the conditions under the Building and Construction General On-Site Award 2010 (Award) and the Agreement. Having reviewed the documents, I am now satisfied that the terms and the effect of the terms of the Agreement have been explained to employees and that the Agreement provides benefits to Adult Apprentices in excess of the Award including those relating to income protection, superannuation, redundancy, hours of work, workers compensation, family violence leave, inclement weather, industry picnic day and travel allowance.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Epic Scaffolding Solutions Pty Ltd/CFMEU South Australia Enterprise Agreement 2020. The agreement was submitted for registration by the union and the employer, and the dispute involved the terms and conditions of employment for workers in the scaffolding industry in South Australia. The Commission was required to determine whether the agreement met the statutory requirements for registration under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms and conditions required by the Act and whether it was made in good faith. The Commission had to consider the fairness and appropriateness of the agreement's terms and conditions, as well as whether it provided for a safety net of minimum wages and conditions for employees. Additionally, the Commission needed to ensure that the agreement did not discriminate against any particular group of employees and that it complied with any relevant awards or registered agreements.

The Commission found that the agreement met the statutory requirements for registration and was made in good faith. The agreement provided for a safety net of minimum wages and conditions for employees, and it did not discriminate against any particular group of employees. The Commission was satisfied that the agreement was fair and appropriate, and it approved the registration of the Epic Scaffolding Solutions Pty Ltd/CFMEU South Australia Enterprise Agreement 2020. The employer and the union were directed to take all necessary steps to bring the agreement into operation as soon as practicable.

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