DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4703)

SCAFFMAN FOR HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 DECEMBER 2019

Application for approval of the SCAFFMAN FOR HIRE 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 SCAFFMAN FOR HIRE 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 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 24 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the SCAFFMAN FOR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020, the Fair Work Commission was tasked with determining the validity of the proposed agreement. The agreement was brought before the commission following negotiations between the parties. The dispute centred on whether the proposed terms and conditions outlined in the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue for the commission to resolve was whether the agreement fulfilled the criteria for approval as set out in the Fair Work Act. Specifically, the commission needed to determine if the agreement was a genuine enterprise agreement, whether it was free from prohibited content, and if it adhered to the procedural requirements for registration. Furthermore, the commission considered the balance of the agreement in terms of its fairness and appropriateness for the employees involved.

After careful consideration of the submissions and evidence provided by both parties, the commission found that the agreement met all the necessary criteria for approval. The commission determined that the agreement was a genuine enterprise agreement that had been negotiated in good faith and was free from prohibited content. Additionally, the commission confirmed that the agreement was appropriately balanced and fair to both parties. Consequently, the commission approved the agreement, thereby allowing it to be registered and enforceable under the Fair Work Act.

The final order of the commission was that the SCAFFMAN FOR HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020 be approved and registered. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the relevant employees.

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