DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2473)

MANA SCAFFOLDING PTY LTD T-AS A.T SCAFFOLDING / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 SEPTEMBER 2020

Application for approval of the Mana Scaffolding Pty Ltd t-as A.T Scaffolding / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Mana Scaffolding Pty Ltd t-as A.T Scaffolding / 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 11 September 2020. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for approval of the Mana Scaffolding Pty Ltd t/as A.T Scaffolding/CFMEU Collective Agreement 2019-2022. The applicant union and the employer were parties to a registered enterprise agreement. The Fair Work Commission (FWC) was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009 (Cth). Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees covered by it.

The legal issues before the FWC were whether the terms of the proposed agreement met the 'better off overall test' (BOOT) and whether the agreement contained all the mandatory terms prescribed by the Fair Work Act. The Commission also needed to examine whether the agreement provided for a proper balance of entitlements and obligations between the employer and the employees. In its decision, the FWC found that the proposed agreement satisfied the BOOT and contained all the mandatory terms prescribed by the Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it represented a proper balance of entitlements and obligations.

The FWC approved the proposed agreement, subject to certain minor amendments to ensure compliance with the Act. The applicant union and the employer were directed to notify the FWC of any variations to the agreement within the specified timeframes. The decision was made on 10 May 2022.

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