DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2782)

PRIMEX SCAFFOLDING GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 SEPTEMBER 2020

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

[1] An application has been made for approval of a greenfields agreement known as the Primex Scaffolding Group Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 5 October 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Primex Scaffolding Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The agreement sought to regulate various terms and conditions of employment for workers within the scaffolding industry. The Commission was tasked with ensuring the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The central legal issues before the Commission were whether the terms of the proposed agreement met the criteria for approval under section 234 of the Fair Work Act, including whether the agreement provided for the fair and reasonable terms of employment, and if it complied with the procedural requirements set out in the Act and Regulations. The Commission also needed to assess if the agreement provided for the orderly resolution of workplace disputes, as required by section 235 of the Act.

In delivering its decision, the Commission noted that the agreement contained provisions that were fair and reasonable, and that it provided for the orderly resolution of workplace disputes. The Commission found that the agreement met the criteria for approval as it provided for terms and conditions that were fair and reasonable, and it included provisions for the orderly resolution of workplace disputes. The Commission also found that the agreement complied with the procedural requirements for approval, including the requirement for the agreement to be in writing and to be signed by the parties. The Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

The Commission's final order was that the Primex Scaffolding Group Pty Ltd / CFMEU Collective Agreement 2019-2022 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was to be registered by the Commission and would have effect as a registered agreement from the date of the Commission's approval. The decision was made on the basis that the agreement provided for fair and reasonable terms of employment and provided for the orderly resolution of workplace disputes, and that it complied with the procedural requirements for 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