DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/579)

CAVA SCAFFOLD SOLUTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2020

Application for approval of the Cava Scaffold Solutions Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Cava Scaffold Solutions Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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 26 March 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between Cava Scaffold Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission was the forum for the dispute. The central legal issue was whether the proposed collective agreement complied with the statutory requirements for such agreements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for "genuine agreement" and if it adhered to the provisions concerning industrial action, including any potential implications for the protected action ballot provisions.

The Fair Work Commission examined the nature of the negotiations between the parties, the voluntariness of the agreement, and its compliance with the relevant legislative standards. The court found that the agreement was indeed the result of genuine negotiations, as evidenced by the documented process and the absence of any coercion or undue influence. The Commission also concluded that the agreement satisfied the legal requirements for a genuine agreement and did not contravene the provisions on industrial action. The agreement was thus approved for its intended duration.

The court ordered that the Cava Scaffold Solutions Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be approved and registered, effective from the date of the decision. The decision highlighted the importance of the negotiation process and the necessity for compliance with legislative standards to ensure that the agreement was both legitimate and enforceable.

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