DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6383)

SMARTSCAFF PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 12 DECEMBER 2018

Application for approval of the Smartscaff Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Smartscaff Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Smartscaff Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Collective Agreement 2018-2019. The applicant, Smartscaff Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009, which requires certain conditions to be satisfied for an enterprise agreement to be certified as "registered". The Union argued that the agreement should be approved, as it met all the necessary criteria. The Commission had to determine whether the agreement was in compliance with the requirements of the Act and whether it should be registered.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the processes set out in the Fair Work Act, and whether it contained the necessary "protected action provisions" to be registered. The Commission had to examine the bargaining process to ensure that it was genuine and not coerced. Furthermore, the Commission needed to ensure that the agreement did not contain any terms that were not within the scope of the bargaining or that contravened any provisions of the Act. The Commission also had to consider whether the agreement included all the necessary protected action provisions, including the right to take protected industrial action, and whether it contained any provisions that were inconsistent with those rights.

After examining the evidence and submissions from both parties, the Commission found that the agreement was made in accordance with the processes set out in the Fair Work Act and that the bargaining process was genuine. The Commission was satisfied that the agreement contained all the necessary protected action provisions and that it did not include any terms that were inconsistent with those rights. The Commission determined that the agreement met all the requirements for registration and approved the Smartscaff Pty Ltd and CFMEU Union Collective Agreement 2018-2019 as a registered agreement. The decision was made in favour of the applicant, and the agreement was registered as required under the Act.

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