DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4002)

ALL 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, 1 NOVEMBER 2019

Application for approval of the ALL 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 ALL 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 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 8 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 was an application for the approval of a proposed enterprise agreement between All Scaffolding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made under section 233 of the Fair Work Act 2009. The union sought to have the agreement recognised as a registered agreement, which would provide for its operation and enforceability. The employer contested the application, raising concerns about certain provisions within the proposed agreement.

The key legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. This involved examining whether the agreement met the requirements for good faith bargaining, covered the appropriate bargaining unit, and contained permissible content as defined by the Act. Specifically, the employer raised objections to certain clauses regarding the definition of 'casual employee' and the process for resolving disputes.

The Commission carefully considered the arguments presented by both parties, reviewing the text of the proposed agreement and relevant legal precedents. It found that the agreement had been negotiated in good faith and covered the appropriate bargaining unit. The Commission also concluded that the content of the agreement was permissible under the Act, notwithstanding the employer's objections to specific clauses. The Commission approved the application, determining that the proposed agreement met all statutory requirements for registration.

The Fair Work Commission approved the application for the registration of the All Scaffolding Pty Ltd and CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The agreement is now a registered agreement, effective from the date of registration and binding on the parties for 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