DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1439)

SCAFF & CO (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2020

Application for approval of the Scaff & Co (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Scaff & Co (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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(2) 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 10 June 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this matter were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Scaff & Co (QLD) Pty Ltd. The dispute before the Fair Work Commission involved the approval of a collective agreement between the CFMEU and Scaff & Co for the years 2018-2019. The applicant, CFMEU, sought the approval of the agreement under section 234 of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues that the Commission had to address were whether the collective agreement provided for a fair and efficient workplace, and whether it complied with the requirements of the Fair Work Act. This included examining whether the agreement included appropriate provisions for the protection of employees, the promotion of harmonious, productive and cooperative workplace relations, and the avoidance of industrial action. Furthermore, the Commission had to ensure that the agreement did not contravene any provisions of the Act or any relevant industrial instrument.

In considering these issues, the Commission took into account the provisions of the agreement, the submissions made by both parties, and the overall context of the employment relationship. The Commission found that the agreement contained provisions that promoted harmonious, productive and cooperative workplace relations, and provided for fair and efficient workplaces. The agreement included provisions for the protection of employees, the avoidance of industrial action, and the resolution of disputes. The Commission was satisfied that the agreement met the necessary criteria for approval and did not contravene any relevant provisions of the Fair Work Act. Consequently, the Commission approved the Scaff & Co (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

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