Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 7421

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6422)

Dark Horse Scaffolding 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 Dark Horse Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2018-2019

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Dark Horse Scaffolding 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.

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.

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.

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 involved an application for the approval of a collective agreement between Dark Horse Scaffolding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission, a specialist tribunal established under Australian labour law to handle workplace disputes. The CFMEU sought approval for the collective agreement, which outlined terms and conditions of employment for workers engaged by Dark Horse Scaffolding. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Commission examined whether the agreement was made in good faith and if it contained the necessary provisions to ensure fair and reasonable terms and conditions of employment. This involved assessing the agreement against the legal framework provided by the Fair Work Act, including the requirement that the agreement be in writing and include provisions for minimum rates of pay, leave entitlements, and other conditions of employment. Additionally, the Commission considered whether the agreement provided for a fair and efficient means of resolving disputes between the parties.

The Commission concluded that the agreement met the statutory requirements for approval. It was found to be in good faith and contained the necessary provisions for minimum rates of pay, leave entitlements, and other conditions of employment. The Commission also determined that the agreement provided for a fair and efficient means of resolving disputes between the parties. Accordingly, the application for approval was granted, and the collective agreement was approved as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Dark Horse Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The Commission found that the agreement met the statutory requirements for approval, including being in good faith and containing the necessary provisions for minimum rates of pay, leave entitlements, and other conditions of employment. The agreement was approved as a registered agreement, and it will now govern the terms and conditions of employment for workers engaged by Dark Horse Scaffolding.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established