DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4426)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the RIGID 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 RIGID 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 6 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Rigid Scaffolding Pty Ltd (Rigid) jointly applied for the approval of the Rigid Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The CFMEU is an industrial union, and Rigid is a construction company. The agreement in question outlines the terms and conditions of employment for workers under the contract scaffolding industry in Victoria.

The Commission had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for the fair and efficient resolution of workplace disputes and provided for the fair and reasonable terms and conditions of employment. The Commission also needed to consider whether the agreement was free from any sham or coercive conduct.

The Commission found that the agreement met the requirements for approval. The Commission found that the agreement provided for the fair and efficient resolution of workplace disputes through the establishment of a dispute resolution process. The Commission also found that the agreement provided for the fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and other employment benefits. The Commission found that the agreement was free from any sham or coercive conduct, and that the parties had genuinely negotiated the agreement.

The Commission approved the Rigid Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The agreement will now be registered with the Fair Work Commission and will apply to workers in the contract scaffolding industry in Victoria.

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