DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4904)

THE TRUSTEE FOR HIGHRISE BUILDING SERVICES TRUST T/AS HIGHRISE BUILDING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2020

Application for approval of THE TRUSTEE FOR HIGHRISE BUILDING SERVICES TRUST T/As HIGHRISE BUILDING SERVICES 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 TRUSTEE FOR HIGHRISE BUILDING SERVICES TRUST T/As HIGHRISE BUILDING SERVICES 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 10 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the trustee for Highrise Building Services Trust trading as Highrise Building Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of the 2019-2020 Contract Scaffold Enterprise Agreement. The application was made under section 231 of the Fair Work Act 2009, seeking the agreement be made a registered agreement, which would thereby be protected from challenges on the basis of its validity.

The central legal issues before the Commission were whether the agreement had been made in good faith and whether it was an enterprise agreement within the meaning of the Fair Work Act 2009. Additionally, the Commission considered whether the agreement met the requirements of section 230 of the Act, which pertains to the terms and conditions of employment that can be included in an enterprise agreement.

In determining the application, the Fair Work Commission examined the process by which the agreement was negotiated and whether it was made in good faith. The Commission found that the negotiation process was conducted appropriately and in good faith. The Commission also found that the agreement was an enterprise agreement as it related to the terms and conditions of employment for the employees of the applicant employer. Furthermore, the Commission was satisfied that the agreement complied with the requirements of section 230 of the Act, including that it did not contain any provisions that were outside the scope of what could be included in an enterprise agreement.

The Commission approved the application and registered the 2019-2020 Contract Scaffold Enterprise Agreement as a registered agreement. This means that the agreement is protected from challenges on the basis of its validity and is legally binding on the parties involved. The registration of the agreement ensures that the terms and conditions of employment are upheld and that the rights and obligations of the employer and employees are clearly defined.

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