DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/884)

ART SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 APRIL 2020

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

[1] An application has been made for approval of a greenfields agreement known as the Art Scaffolding Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made by 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 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2020. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of the Art Scaffolding Pty Ltd / CFMEU Collective Agreement 2019-2022. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval from the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers within Art Scaffolding Pty Ltd, an entity operating in the scaffolding industry. The Commission was tasked with ensuring the agreement complied with the relevant industrial relations legislation, particularly the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed collective agreement met the requirements set forth in the Fair Work Act. This involved assessing the agreement against the criteria for registration, which includes provisions such as ensuring the agreement promotes higher wages and better conditions, and does not unfairly discriminate against employees. The Commission also needed to consider if the agreement facilitated genuine bargaining between the parties and provided a fair framework for resolving disputes.

In its decision, the Commission examined the various provisions of the agreement, weighing the benefits and potential impacts on the workforce. It found that the agreement generally promoted higher wages and better conditions, and did not unfairly discriminate against any employees. The Commission concluded that the agreement facilitated genuine bargaining and provided a fair framework for resolving disputes, ultimately meeting the criteria for approval under the Fair Work Act. The Commission approved the Art Scaffolding Pty Ltd / CFMEU Collective Agreement 2019-2022, recognising its compliance with the relevant legislative requirements.

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