DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4130)

RICHARD JONES FAMILY TRUST NO 2 T/AS ALL SYSTEMS SCAFFOLDING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 NOVEMBER 2019

Application for approval of the RICHARD JONES FAMILY TRUST NO 2 T/As ALL SYSTEMS SCAFFOLDING 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 RICHARD JONES FAMILY TRUST NO 2 T/As ALL SYSTEMS SCAFFOLDING 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 20 November 2019. The nominal expiry date of the Agreement is 30 November 2019.

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 the Richard Jones Family Trust No 2 trading as All Systems Scaffolding sought approval for a new enterprise agreement. The agreement was for the Scaffold Enterprise Agreement 2019-2020, covering employees engaged in the construction industry. The application was subject to the Fair Work Act 2009, and the CFMEU sought to ensure the terms and conditions of employment for scaffolders were appropriately regulated.

The central legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the court had to determine if the agreement met the criteria for being a "single, clear, simple and concise" document as required by section 229 of the Act. The court also needed to assess whether the agreement provided for the fair and efficient resolution of workplace issues, as mandated by section 230.

The Fair Work Commission considered the arguments presented by both parties and reviewed the agreement's provisions. The Commission found that the proposed agreement adhered to the legislative requirements, including being a single, clear, simple, and concise document. The agreement provided for a fair and efficient resolution of workplace issues, ensuring the protection of employee rights and promoting workplace harmony. Therefore, the Commission approved the agreement, recognising its compliance with the Fair Work Act and its suitability for facilitating fair industrial relations.

The Commission approved the Scaffold Enterprise Agreement 2019-2020, recognising it as compliant with the Fair Work Act. This decision ensures that the terms and conditions of employment for scaffolders are adequately regulated, providing a framework for fair and efficient workplace relations.

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