DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4436)

RAVEN SCAFFOLDS 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 RAVEN SCAFFOLDS 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 RAVEN SCAFFOLDS 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 matter of the application for approval of the Raven Scaffolds Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020, the Australian Industrial Relations Commission was called upon to consider whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred around the proposed terms and conditions outlined in the enterprise agreement, which the applicant union sought to have recognised and enforced.

The legal issues the court was required to decide included whether the enterprise agreement contained any provisions that were not in the best interests of the employees, whether the agreement had been negotiated in good faith, and if the agreement met the requirements for simplification and clarity. Additionally, the court needed to determine whether the agreement provided adequate protection for employees and if it complied with the relevant provisions of the Fair Work Act.

In delivering its decision, the court meticulously examined each clause of the agreement, balancing the rights of the employer and the employees. The court found that the proposed agreement was fair and reasonable, meeting all the statutory criteria for approval. It concluded that the agreement was negotiated in good faith and provided sufficient protections for employees, including provisions for redundancy and termination. The court also noted the simplification efforts made in the agreement, which aligned with legislative intent to reduce complexity in enterprise agreements.

The court approved the enterprise agreement, subject to the conditions specified in the decision. The approval was granted on the understanding that the agreement would be implemented and enforced as per the terms set out in the decision.

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