DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1083)

TFP SCAFFOLD PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 17 APRIL 2019

Application for approval of the TFP Scaffold Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the TFP Scaffold Pty Ltd / CFMEU Collective Agreement 2019 (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 24 April 2019. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for approval of the TFP Scaffold Pty Ltd / CFMEU Collective Agreement 2019. The Fair Work Commission (FWC) was tasked with deciding whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The dispute primarily centred on whether the agreement complied with the provisions regarding genuine collective bargaining and the rights of employees to be free from coercion and undue influence.

The central legal issues before the FWC were whether the agreement was genuinely negotiated between the parties, whether it was made without any duress or coercion, and whether it adhered to the requirements for fair and equitable terms. The CFMEU argued that the agreement was the product of genuine collective bargaining and did not infringe on employees' rights. Conversely, TFP Scaffold Pty Ltd contended that certain clauses in the agreement were not the result of genuine negotiations and could potentially exert undue influence on employees.

The FWC examined the evidence provided by both parties, including witness testimonies and documentation related to the negotiation process. It concluded that the agreement was indeed a product of genuine collective bargaining. The FWC found that the process was free from any undue influence or coercion, and the terms of the agreement were fair and equitable. The FWC determined that the agreement met all statutory requirements for approval and was thus valid and enforceable.

The FWC approved the TFP Scaffold Pty Ltd / CFMEU Collective Agreement 2019, finding it to be in compliance with the Fair Work Act 2009. This decision affirmed the validity of the agreement, allowing it to be used as a basis for regulating the employment conditions of the parties involved.

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