DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7412)

SCOOTER COMMERCIAL PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Scooter Commercial Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Scooter Commercial Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between Scooter Commercial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute centred on the terms and conditions of employment within the agreement, including wages, hours, and other workplace arrangements. The parties presented their arguments before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legislative criteria for approval.

The primary legal issues that the Fair Work Commission had to resolve were whether the collective agreement complied with the requirements set out in the Fair Work Act 2009. This included ensuring that the agreement did not provide for terms and conditions that were less favourable than the applicable awards or registered agreements, and that it met the good faith bargaining threshold. Additionally, the Commission needed to consider whether the agreement adequately protected employees' rights and interests, including ensuring fair treatment and appropriate dispute resolution mechanisms.

In delivering its decision, the Fair Work Commission examined the content of the collective agreement in detail. It found that the agreement did not contain any terms that were less favourable than the relevant awards or other registered agreements. The Commission also determined that the agreement was the product of good faith bargaining and met all the legislative requirements for approval. The Commission highlighted that the agreement included provisions for fair treatment of employees, adequate dispute resolution mechanisms, and other protections that were in line with the objectives of the Fair Work Act. Consequently, the Commission approved the collective agreement, recognising its compliance with the necessary legal standards.

The Fair Work Commission's decision resulted in the approval of the collective agreement between Scooter Commercial Pty Ltd and the CFMMEU. This outcome ensured that the agreement would govern the terms and conditions of employment for the relevant employees, providing a legally recognised framework for their working relationship. The approval was contingent on the continued compliance with the Fair Work Act and any subsequent legislative changes.

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