DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3955)

SCAFFOLDS ARE US 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 SCAFFOLDS ARE US 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 SCAFFOLDS ARE US 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 involves an application for approval of the Scaffolds Are Us Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The matter was brought before the Fair Work Commission (FWC) to determine whether the agreement should be approved as a registered agreement under the Fair Work Act 2009 (Cth). The applicant, Scaffolds Are Us Pty Ltd, is a small to medium-sized enterprise in the scaffolding industry, while the CFMEU is a registered trade union representing workers in various industries, including construction.

The primary legal issue before the FWC was whether the agreement met the criteria for approval as a registered agreement. The FWC had to assess if the agreement contained the necessary provisions, including minimum wages and conditions, and whether it was the product of genuine bargaining between the parties. Furthermore, the FWC had to consider if the agreement was in the public interest, and whether the process leading to the agreement was fair and reasonable. The FWC also needed to consider any potential negative effects on small business, as well as the potential impact of the agreement on the broader economy and employment relations system.

In reaching its decision, the FWC examined the terms and conditions of the agreement, including wage rates, leave entitlements, and other employment-related matters. The FWC found that the agreement contained the required provisions and was the product of genuine bargaining between the parties. The FWC considered the potential impact of the agreement on small businesses, but found that the agreement did not have any significant negative effects on the broader economy or the employment relations system. The FWC also noted that the agreement did not contain any provisions that were contrary to the public interest. After considering all the factors, the FWC approved the agreement as a registered agreement under the Fair Work Act.

In summary, the FWC approved the Scaffolds Are Us Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020 as a registered agreement. The FWC found that the agreement contained the necessary provisions, was the product of genuine bargaining, and did not have any significant negative effects on small businesses, the broader economy, or the employment relations system. The FWC's decision provides guidance on the criteria for approving enterprise agreements and highlights the importance of genuine bargaining in the industrial relations system.

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