DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5644)

DB SCAFFOLDING AND RIGGING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 2 NOVEMBER 2018

Application for approval of the DB Scaffolding and Rigging QLD 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 DB Scaffolding and Rigging QLD 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 9 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union brought an application to the Fair Work Commission for approval of the 2018-2019 collective agreement between DB Scaffolding and Rigging QLD Pty Ltd and the union. The application was made under the Fair Work Act 2009. The employer contested the application, arguing that certain provisions of the agreement were not fair and reasonable. The dispute centred on whether the collective agreement, which provided for various terms and conditions of employment, met the statutory criteria for approval.

The legal issues before the Commission were whether the provisions of the collective agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act. The Commission had to consider the principles of good faith bargaining, the need for a fair and reasonable agreement, and the balance of interests between the employer and the employees. The employer argued that certain provisions were not fair and reasonable because they imposed excessive obligations on the employer, such as restrictions on sub-contracting and a requirement to provide extensive training. The union contended that the provisions were necessary to protect the interests of the employees and to ensure a safe and fair working environment.

The Commission found that while some of the provisions were indeed onerous, they were necessary to achieve the objectives of the agreement, which included improving safety and working conditions. The Commission considered the broader context of the agreement, including the parties' bargaining positions and the industry standards. It concluded that the agreement was fair and reasonable overall, taking into account the need to balance the interests of both parties. The employer's concerns about certain provisions were addressed by the Commission, which found that the provisions were not unreasonable when viewed in the context of the agreement as a whole. The application for approval was ultimately successful.

The Commission approved the collective agreement, subject to certain modifications to address the employer's concerns. The modifications included clarifications and adjustments to some of the provisions, such as the sub-contracting clause and the training requirements. The employer and the union were directed to implement the agreement as modified, and to make any necessary arrangements to give effect to the approved terms. The Commission's decision provides guidance on the factors to be considered when determining whether a collective agreement is fair and reasonable, and the balance of interests between employers and employees.

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