DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2107)

AUSWIDE SCAFFOLDING NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 JULY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Auswide Scaffolding NSW 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 6 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Auswide Scaffolding NSW Pty Ltd, concerning the approval of their 2019-2022 collective agreement. The primary dispute centred on the conditions of employment and the rights and obligations of the parties under the proposed agreement. The case was heard by the Fair Work Commission, which has jurisdiction over such industrial relations matters in Australia.

The central legal issues before the Commission were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being considered a ‘registered agreement’ under the Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated between the parties and if it provided for a fair and reasonable set of terms for the employees. The CFMEU argued that certain provisions of the agreement were unfair, while Auswide Scaffolding NSW Pty Ltd contended that the agreement was fair and in the best interests of all parties involved.

In its decision, the Commission thoroughly examined the provisions of the agreement and considered the evidence presented by both parties. The Commission found that the agreement was genuinely negotiated and contained provisions that were fair and reasonable. The Commission also determined that the agreement complied with all relevant provisions of the Fair Work Act, including those relating to minimum wages, penalties rates, and other employment conditions. Consequently, the Commission approved the collective agreement, recognising it as a registered agreement under the Act. The CFMEU's application for approval of the agreement was therefore dismissed.

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