DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/907)

DB SCAFFOLDING & RIGGING (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 9 APRIL 2020

Application for approval of the DB Scaffolding & Rigging (NSW) 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 (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 16 April 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 parties involved in this case were DB Scaffolding & Rigging (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was brought before the Fair Work Commission, where the primary focus was on the approval of a collective agreement between the two parties. This agreement covered the period from 2019 to 2022 and outlined the terms and conditions of employment for the workers in the scaffolding and rigging industry.

The legal issues that the court had to decide involved the validity and enforceability of the proposed collective agreement. The key concerns were whether the agreement met the requirements set forth in the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions for the employees. Additionally, the court needed to assess if the agreement complied with the principles of good faith bargaining and if it addressed the needs and interests of both the employer and employees.

In its decision, the court examined the provisions of the Fair Work Act and the principles of good faith bargaining. The court found that the agreement, while not perfect, was a genuine and reasonable outcome of the bargaining process between the parties. The court emphasised the importance of the agreement in providing stability and certainty in the industry, as well as addressing the needs and interests of both the employer and employees. The court noted that while there were some issues with the agreement, they were not significant enough to warrant refusal of approval. Therefore, the court decided that the collective agreement met the requirements of the Fair Work Act and approved the agreement for the period from 2019 to 2022.

No specific orders were made in this case, as the court's decision was to approve the collective agreement as it stood. The approval of the agreement ensures that the terms and conditions outlined within it are legally enforceable and binding on both the employer and employees.

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