DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1301)

DB SCAFFOLDING & RIGGING AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 MAY 2020

Application for approval of the DB Scaffolding & Rigging Australia Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the DB Scaffolding & Rigging Australia 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 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 30 May 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 case before the Fair Work Commission involved an application for the approval of a collective agreement between DB Scaffolding & Rigging Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2019-2022. The union sought to have the agreement approved under the Fair Work Act 2009, which requires certain agreements to be approved by the Commission if they are to be registered. The employer contested the application, arguing that the agreement contained provisions that were not in accordance with the law or were otherwise unfair.

The key legal issues before the Commission related to the enforceability and fairness of specific provisions in the agreement. These included provisions relating to wages, hours of work, redundancy payments, and the resolution of disputes. The Commission had to consider whether these provisions met the criteria for approval under the Fair Work Act, including whether they provided for a fair and reasonable outcome for all parties involved. The Commission also needed to determine whether the agreement complied with relevant industrial laws and whether it was in the best interests of the employees.

In its decision, the Commission examined each contested provision in detail. The Commission found that, while some provisions required minor amendments to meet the legal standards, the overall agreement was fair and reasonable. The Commission approved the agreement with certain modifications, including adjustments to the wage provisions and the inclusion of additional dispute resolution mechanisms. The Commission concluded that the agreement, as modified, provided a fair and reasonable outcome for both the employer and the employees and complied with the requirements of the Fair Work Act.

The final orders of the Commission included the approval of the collective agreement, subject to the modifications outlined in the decision. The employer was directed to implement the changes within a specified timeframe and to provide the union with the necessary documentation to register the agreement with the Fair Work Commission. The union was also required to submit the modified agreement for registration within the stipulated 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