DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4888)

THE TRUSTEE FOR CENTRAL SCAFFOLDS LTDST T/AS CENTRAL SCAFFOLDS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 DECEMBER 2019

Application for approval of THE TRUSTEE FOR CENTRAL SCAFFOLDS LTDST T/As CENTRAL SCAFFOLDS 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 CENTRAL SCAFFOLDS LTDST T/As CENTRAL SCAFFOLDS 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 7 January 2020. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the recent case of the Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was asked to approve a new enterprise agreement between the Trustee for Central Scaffolds Ltd, trading as Central Scaffolds, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was the Contract Scaffold Enterprise Agreement 2019-2020. The dispute centred on whether the proposed terms of the agreement met the legal standards for enterprise agreements as set out in the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement contained terms that were in breach of the provisions of the Fair Work Act, particularly those related to the "better off overall test" and the "genuine agreement" requirement. Additionally, the Commission had to consider if the agreement was consistent with the principles of Australian workplace relations, and if the negotiation process met the statutory requirements. The Commission also examined whether the proposed terms provided a fair balance between the rights and obligations of both employers and employees.

In its reasoning, the Commission noted that the proposed agreement met the "better off overall test" as it provided a range of benefits to employees, including wage increases, improved working conditions, and better job security. The Commission was satisfied that the agreement had been negotiated in good faith and that both parties had demonstrated a genuine willingness to reach a consensus. The Commission further found that the agreement did not contain any terms that were inconsistent with the principles of Australian workplace relations. The Commission concluded that the proposed Contract Scaffold Enterprise Agreement 2019-2020 met all the legal requirements and was therefore approved.

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