DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4132)

INDEPENDENT CONTRACTING PTY LTD T/AS INDEPENDENT SCAFFOLDS 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 INDEPENDENT CONTRACTING PTY LTD T/As INDEPENDENT SCAFFOLDS 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 INDEPENDENT CONTRACTING PTY LTD T/As INDEPENDENT SCAFFOLDS 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

The matter before the Fair Work Commission involved an application for the approval of the Independent Contracting Pty Ltd t/as Independent Scaffolds and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The union and the employer sought the Commission’s approval of the agreement under the Fair Work Act 2009. The legal issues that arose for determination centred around whether the agreement met the statutory requirements for registration and whether it was appropriately negotiated. The Commission had to consider if the agreement complied with the procedural fairness requirements and if it covered the necessary minimum terms and conditions as stipulated by the Act.

The Commission meticulously reviewed the negotiation process and contents of the agreement. It assessed if the agreement was genuinely negotiated between the parties and whether the union had genuinely represented the employees. The Commission also examined if the agreement covered all the prescribed minimum terms and conditions, including wage rates, hours of work, and other employment terms. Additionally, it scrutinised the agreement to ensure it did not undermine the protection of employees' rights and interests. Upon reviewing the evidence and submissions, the Commission determined that the agreement satisfied all the necessary statutory requirements and was fairly negotiated. It found that the agreement provided for appropriate terms and conditions and met the criteria for approval under the Fair Work Act.

Consequently, the Fair Work Commission approved the Independent Contracting Pty Ltd t/as Independent Scaffolds and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. This decision provided clarity and certainty for both the employer and the employees covered by the agreement. The approval signified that the agreement would now operate as a registered enterprise agreement, providing a framework for the employment terms and conditions of the workers within the specified period.

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