DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6773)

SBS - SCARPACI BUILDING SERVICES PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the SBS - Scarpaci Building Services Pty Ltd and CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SBS - Scarpaci Building Services Pty Ltd and CFMEU Enterprise Agreement 2018 (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 8 February 2019. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the SBS - Scarpaci Building Services Pty Ltd and CFMEU Enterprise Agreement 2018. The application was contested by the employer, SBS - Scarpaci Building Services Pty Ltd, which argued that the agreement should not be approved due to its terms not meeting the statutory requirements. The central issue before the Commission was whether the agreement fulfilled the legal prerequisites for approval under the Fair Work Act 2009. The Commission needed to examine the provisions of the agreement, the bargaining process, and whether the agreement met the criteria for being a good faith bargaining tool.

The Commission commenced by reviewing the bargaining process to ensure that the agreement was genuinely negotiated between the parties. It found that the negotiation process was legitimate and that the agreement was the product of genuine bargaining. The Commission then scrutinised the terms of the agreement to determine if they complied with the legislative standards. The agreement included provisions for minimum wages, allowances, leave entitlements, and other working conditions, all of which were considered reasonable in the context of the industry and the specific circumstances of the enterprise. The Commission concluded that the agreement met the statutory requirements and was in the public interest, thereby satisfying the criteria for approval.

Consequently, the Fair Work Commission approved the SBS - Scarpaci Building Services Pty Ltd and CFMEU Enterprise Agreement 2018. The employer's objections were dismissed as the Commission found that the agreement was a genuine product of bargaining and met all the necessary legal requirements. The decision was grounded in the Commission's assessment of the agreement's terms and the legitimacy of the bargaining process. The approval of the agreement ensures that the terms and conditions of employment for the employees of SBS - Scarpaci Building Services Pty Ltd are governed by a legally compliant and fair enterprise agreement.

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