DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/571)

Z & M VOLAREVIC GROUP PTY LTD T/AS INSTA SCAFF AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 MARCH 2020

Application for approval of the Z & M VOLAREVIC GROUP PTY LTD T/AS INSTA SCAFF and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Z & M VOLAREVIC GROUP PTY LTD T/AS INSTA SCAFF and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020 (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 25 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a particular enterprise agreement between the Z & M Volarevic Group Pty Ltd trading as Insta Scaffold and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009, seeking approval of the agreement's terms and conditions. The dispute centred around whether the agreement met the legal requirements for approval, particularly focusing on whether it provided for the fair and equitable resolution of workplace disputes.

The central legal issues for the FWC to decide were whether the enterprise agreement complied with the statutory requirements under the Fair Work Act, including whether it provided for a fair and equitable process for resolving workplace disputes. This involved examining the specific provisions of the agreement related to dispute resolution, including the mechanisms and timeframes for addressing workplace issues and whether these provisions aligned with the statutory framework designed to ensure fair and equitable outcomes.

The FWC found that the agreement did not meet the statutory requirements for approval because it failed to provide for a fair and equitable process for resolving workplace disputes. The FWC highlighted specific deficiencies in the agreement's dispute resolution provisions, noting that they did not align with the statutory standards designed to ensure fairness and equity in the workplace. The FWC concluded that, due to these deficiencies, the agreement could not be approved under the Fair Work Act.

As a result of the FWC's decision, the application for approval of the enterprise agreement was dismissed. The FWC did not approve the agreement, and it remains unenforceable under the Fair Work Act. The FWC's decision emphasised the importance of ensuring that enterprise agreements provide for fair and equitable processes for resolving workplace disputes, in line with the statutory framework established under the Fair Work Act.

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