DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4342)

SCAFF-CO 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, 25 NOVEMBER 2019

Application for approval of the SCAFF-CO 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 SCAFF-CO 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 2 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between SCAFF-CO PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement, titled the Contract Scaffold Enterprise Agreement 2019-2020, was submitted for endorsement to ensure its compliance with the Fair Work Act 2009. The dispute centred around the adequacy of the proposed agreement in terms of its coverage, provisions, and alignment with the legislative requirements.

The primary legal issues addressed by the court involved the scrutiny of the proposed agreement’s provisions to ensure it met the criteria for approval under the Fair Work Act. This included verifying that the agreement did not adversely affect the “better off overall test” (BOOT) for employees and did not contain any terms that were against public policy or unfair. The court also examined whether the agreement had been negotiated in good faith and if it contained all the mandatory terms required by the Act.

The Fair Work Commission, after a thorough review, found that the proposed Contract Scaffold Enterprise Agreement 2019-2020 was fair and balanced. The court determined that the agreement did not disadvantage employees and included all necessary provisions to ensure compliance with the Act. The Commission concluded that the agreement was negotiated in good faith and met all the statutory requirements for approval. Consequently, the application for approval was granted, and the agreement was endorsed effective from the stipulated commencement date.

In light of the findings, the Commission approved the Contract Scaffold Enterprise Agreement 2019-2020, setting forth the terms and conditions for the employment of workers within the specified period. The approval ensures that the agreement will serve as the basis for the employment relationship between SCAFF-CO PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), providing a legally binding framework for the parties involved.

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