DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3366)

SAFE AND SOUND SCAFFOLDING AND CFMEU (WA) (ELIZABETH QUAY AND CAPITAL SQUARE) GREENFIELDS AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Safe and Sound Scaffolding Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Safe and Sound Scaffolding Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2019 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 17 September 2019 and, in accordance with s.54 of the Act, will operate from 24 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the Safe and Sound Scaffolding Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2019. The dispute centred on the terms of the agreement which aimed to regulate employment conditions for workers engaged in scaffolding work at Elizabeth Quay and Capital Square in Western Australia. The primary issues before the Commission involved the enforceability of the agreement and whether it met the necessary criteria for approval under the Fair Work Act 2009.

The Commission examined whether the agreement was made in good faith and whether it provided for a genuine enterprise agreement. A key point of contention was the procedural fairness in how the agreement was reached, specifically whether the union adequately represented the interests of the workers. Additionally, the Commission assessed whether the agreement met the standard of "better off overall" for the employees and if it complied with the requirements for multi-enterprise agreements.

The Commission concluded that the agreement was made in good faith and that it was a genuine enterprise agreement. The union had effectively represented the employees' interests and the agreement was found to be better off overall for the workers. The Commission was satisfied with the procedural fairness of the agreement's negotiation and that it complied with the legislative requirements for multi-enterprise agreements. Consequently, the Commission approved the agreement, deeming it to be suitable for registration.

The final orders included the approval and registration of the Safe and Sound Scaffolding Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the specified workers.

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