DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6973)

ROVERA SCAFFOLDING (ACT) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 JANUARY 2019

Application for approval of the Rovera Scaffolding (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Rovera Scaffolding (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019 (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 30 January 2019. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Rovera Scaffolding (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019 before the Fair Work Commission (FWC). The dispute involved the terms of the enterprise agreement and whether it complied with the Fair Work Act 2009. The FWC was required to determine if the agreement was made in good faith, if it contained the necessary minimum terms, and if it was otherwise fair and reasonable.

The central legal issues were whether the agreement contained all the minimum terms required by the Fair Work Act and if it was made in good faith. The CFMEU argued that the agreement was comprehensive and adhered to the statutory requirements, while Rovera Scaffolding raised concerns about specific provisions that they believed were unfair or not in compliance with the Act. The FWC examined the agreement's provisions, the negotiation process, and the fairness of the terms. The court also considered submissions from both parties and any relevant industry standards or precedents.

The FWC concluded that the agreement was made in good faith and included all the required minimum terms. The court found that the negotiation process was transparent and that the terms of the agreement were fair and reasonable, taking into account the bargaining positions of both parties and industry standards. The FWC approved the enterprise agreement, finding that it met the statutory requirements and was fair and reasonable.

The FWC's final orders included the approval of the Rovera Scaffolding (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2016-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and both parties were bound by its terms.

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