DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2023)

SAFE SOUND SCAFFOLDING PTY LTD AND CFMEU (WA) EXCHANGE GREENFIELDS AGREEMENT 2019-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 AUGUST 2020

Application for approval of the Safe Sound Scaffolding Pty Ltd and CFMEU (WA) Exchange Greenfields Agreement 2019-2021.

[1] An application has been made for approval of a greenfields agreement known as the Safe Sound Scaffolding Pty Ltd and CFMEU (WA) Exchange Greenfields Agreement 2019-2021 (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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2020. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an agreement between Safe Sound Scaffolding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The dispute was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the provisions concerning genuine bargaining, and if it contained appropriate terms and conditions for the employees.

The Commission examined the process by which the agreement was negotiated, ensuring it was done in good faith and without coercion. It also considered whether the agreement contained provisions that were genuinely negotiated and not imposed unilaterally. Additionally, the Commission assessed whether the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission found that the agreement was the product of genuine negotiations and included terms that were fair and reasonable, thus meeting the statutory requirements for approval.

In its decision, the Commission approved the Safe Sound Scaffolding Pty Ltd and CFMEU (WA) Exchange Greenfields Agreement 2019-2021. The Commission concluded that the agreement satisfied all necessary criteria for approval under the Fair Work Act, including genuine bargaining and fair terms and conditions. The agreement was approved, effective from the date of the decision, and will govern the employment conditions of the relevant employees during 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