Construction, Forestry, Maritime, Mining and Energy Union Summary

[2019] FWCA 6913

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3676)

JC SCAFFOLDING TRUST (THE TRUSTEE FOR) T/As JC SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 8 OCTOBER 2019

Application for approval of the JC SCAFFOLDING TRUST (THE TRUSTEE FOR) T/As JC SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020.

An application has been made for approval of an enterprise agreement known as the JC SCAFFOLDING TRUST (THE TRUSTEE FOR) T/As JC 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval from the Fair Work Commission of the JC SCAFFOLDING TRUST trading as JC SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020. The dispute centred on the terms of the proposed agreement between the employer and the union, which was intended to govern the employment conditions of workers in the contract scaffolding industry. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and criteria for approval under the Fair Work Act 2009.

The central legal issues before the commission involved assessing the fairness and compliance of the agreement with the relevant statutory provisions. The court needed to determine whether the agreement contained all the mandated terms, including minimum wage rates and other employment conditions, and whether it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the commission had to consider the extent to which the agreement addressed the needs and interests of both employers and employees while ensuring that it did not impose excessive burdens or unfair disadvantages on either party.

The commission evaluated the proposed agreement against the legislative framework, focusing on the mandatory terms and conditions required by the Fair Work Act. The court concluded that the agreement met the necessary requirements and was fair and reasonable. The commission found that the agreement provided for appropriate wage rates, conditions, and benefits, and that it was the product of good faith bargaining between the parties. The commission also noted that the agreement did not impose any undue burdens on the employer and was in line with the overall objectives of the Fair Work Act.

As a result, the Fair Work Commission approved the JC SCAFFOLDING TRUST and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2019-2020, finding it to be fair and reasonable. The agreement was deemed to meet all the necessary statutory requirements and was considered to be in the best interests of both employers and employees in the contract scaffolding industry.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established