DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4099)

DORAN, TERRY WAYNE T/AS TRIWEST SCAFFOLDING SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 NOVEMBER 2019

Application for approval of the DORAN, TERRY WAYNE T/As TRIWEST SCAFFOLDING SERVICES 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 DORAN, TERRY WAYNE T/As TRIWEST SCAFFOLDING SERVICES 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 15 November 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 applicant, Terry Wayne Doran trading as Triwest Scaffolding Services, sought approval of the 2019-2020 Contract Scaffold Enterprise Agreement between Triwest Scaffolding Services and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The applicant argued that the agreement contained provisions that were in the best interests of the employees and the employer. The union contested the applicant's argument, asserting that certain provisions were not in the best interests of the employees.

The Commission was required to determine whether the provisions of the agreement were in the best interests of the employees. This involved considering the impact of the agreement on the employees' working conditions, entitlements, and overall welfare. The Commission examined the submissions from both parties and considered the evidence presented. The Commission found that the agreement contained provisions that were in the best interests of the employees. The union's concerns were addressed through the negotiation process, and the final agreement reflected a balance between the interests of the employer and the employees.

The Fair Work Commission approved the agreement, finding that it met the requirements of the Fair Work Act. The Commission acknowledged the efforts of both parties in reaching an agreement that was in the best interests of the employees. The decision was made in accordance with the principles of fairness and good faith, and the agreement was approved as a protected action agreement. This decision provided certainty for the parties and ensured that the employees were adequately protected under the terms of the agreement.

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