DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4348)

CITYLINE 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	SYDNEY, 27 NOVEMBER 2019

Application for approval of the CITYLINE 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 CITYLINE 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 4 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

The matter before the Fair Work Commission involved an application for the approval of the Cityline Scaffolding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The agreement was submitted by the union and the employer, seeking to establish terms and conditions of employment for employees in the contract scaffolding industry. The union argued that the agreement provided fair and reasonable terms and conditions, while the employer emphasised the agreement's compliance with the Fair Work Act 2009 and its alignment with industry standards.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and whether it provided fair and reasonable terms and conditions for the employees. The Commission had to consider various aspects, including the process through which the agreement was made, the fairness of the terms, and the compliance with the relevant provisions of the Act. Additionally, the Commission needed to ensure that the agreement did not undermine the principles of the award safety net and did not discriminate against employees on unjust grounds.

In its decision, the Fair Work Commission found that the agreement was made through a process that was free from any improper conduct or coercion and that the terms of the agreement were fair and reasonable. The Commission noted that the agreement addressed various employment conditions, including wages, leave entitlements, and working hours, and that it provided a safety net that was at least as good as the relevant award. The Commission concluded that the agreement met the statutory requirements for approval and did not disadvantage any group of employees. Consequently, the Commission approved the agreement, recognising it as a valid enterprise agreement.

As a result of the approval, the Cityline Scaffolding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020 is now in effect, governing the employment terms and conditions of employees within the specified industry.

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