DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/371)

STILCON SCAFFOLDING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the STILCON SCAFFOLDING PTY LTD 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 STILCON SCAFFOLDING PTY LTD 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 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 5 March 2020. The nominal expiry date of the Agreement is 29 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the STILCON SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The application was made under the Fair Work Act 2009. STILCON SCAFFOLDING PTY LTD, an employer, and the CFMEU, a trade union, were the parties involved in the dispute. The dispute was about the approval of an enterprise agreement which would govern the employment terms and conditions of employees working under the agreement. The Fair Work Commission was the court that heard the case.

The legal issues that the court was required to decide included whether the agreement was a genuine enterprise agreement, if it had been made in good faith, and whether it met the requirements of the Fair Work Act. The court had to determine if the agreement was a genuine agreement reached between the employer and the employees, and if it was made in good faith. The court also had to consider if the agreement met the requirements of the Fair Work Act, including if it provided for the terms and conditions of employment and if it was fair and reasonable.

The court found that the agreement was a genuine enterprise agreement that had been made in good faith. The court was satisfied that the agreement had been negotiated between the employer and the employees, and that it provided for the terms and conditions of employment. The court found that the agreement was fair and reasonable and met the requirements of the Fair Work Act. The court approved the agreement, and it became legally binding on the employer and the employees.

The court made an order approving the STILCON SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The agreement was approved and became a registered agreement under the Fair Work Act. The agreement would govern the employment terms and conditions of employees working under the agreement. The court's decision was based on the evidence presented and the legal requirements of the Fair Work Act. The decision was binding on the parties involved in the dispute.

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