DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1608)

PTI SCAFFOLDING SOLUTIONS PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT (ACT) 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MAY 2019

Application for approval of the PTI Scaffolding Solutions Pty Ltd and CFMEU ACT Enterprise Agreement (ACT) 2019.

[1] An application has been made for approval of a greenfields agreement known as the PTI Scaffolding Solutions Pty Ltd and CFMEU ACT Enterprise Agreement (ACT) 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] 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.

[4] The Agreement was approved on 29 May 2019 and, in accordance with s.54 of the Act, will operate from 5 June 2019. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the PTI Scaffolding Solutions Pty Ltd and CFMEU ACT Enterprise Agreement (ACT) 2019, the Fair Work Commission was tasked with examining the terms and conditions of the agreement between the employer and the union. The Construction, Forestry, Maritime, Mining and Energy Union sought approval for the agreement, which governed the employment relationship between PTI Scaffolding Solutions Pty Ltd and its employees.

The central legal issue before the commission was whether the terms of the enterprise agreement were consistent with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the commission needed to determine if the agreement met the requirements for certification and if it complied with the relevant minimum standards, including those related to wages, hours of work, and other employment conditions.

The commission examined the provisions of the agreement in detail, considering whether they provided for fair and reasonable terms and conditions of employment. The union argued that the agreement was fair and balanced, taking into account the needs of both the employer and the employees. The commission found that the agreement did indeed provide for fair and reasonable terms and conditions, and it met the statutory requirements for certification. As a result, the commission approved the enterprise agreement, enabling it to be legally binding on the parties involved.

The final orders of the commission included the approval of the PTI Scaffolding Solutions Pty Ltd and CFMEU ACT Enterprise Agreement (ACT) 2019, which would now be subject to the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The agreement would govern the employment relationship between the employer and the employees, providing a framework for fair and reasonable terms and conditions of employment.

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