DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3954)

GRAVITY SCAFFOLD SOLUTIONS 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, 28 OCTOBER 2019

Application for approval of the GRAVITY SCAFFOLD SOLUTIONS 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 GRAVITY SCAFFOLD SOLUTIONS 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 4 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 case before the Fair Work Commission involved an application for the approval of the Gravity Scaffold Solutions Pty Ltd 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 to have the agreement approved under the Fair Work Act 2009. The primary dispute centred around whether the agreement met the statutory requirements for approval, particularly in terms of the agreement's alignment with the Fair Work Act's objectives and the protection of employee rights.

The court was tasked with determining whether the agreement contained all the mandated terms and conditions, including minimum entitlements, and whether it complied with the procedural requirements for approval. This included examining if the agreement was genuinely negotiated and if the process adhered to the necessary standards of good faith bargaining. The court also had to assess if the agreement provided for a fair and reasonable balance of rights and obligations for both the employer and employees.

In its decision, the Fair Work Commission concluded that the agreement met the statutory criteria for approval. The court found that the agreement contained all the mandated terms and conditions, including minimum entitlements, and that the process of negotiation was conducted in good faith. The commission was satisfied that the agreement provided for a fair and reasonable balance of rights and obligations and aligned with the objectives of the Fair Work Act. Consequently, the commission approved the Gravity Scaffold Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020.

The final orders of the commission included the approval of the enterprise agreement, which would now be binding on the parties involved, and a directive for the agreement to be registered with the Fair Work Commission. The decision provided clarity on the requirements for such agreements and reinforced the importance of adhering to the legislative framework in the negotiation and approval processes.

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