DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Forestry Maritime Mining and Energy Union
(AG2018/5687)

SCAFFOLD LOGISTICS COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 OCTOBER 2018

Application for approval of the SCAFFOLD LOGISTICS COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the SCAFFOLD LOGISTICS COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016 -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] 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 31 October 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between the Construction Forestry Maritime Mining and Energy Union (CFMEU) and Scaffold Logistics Commercial Pty Ltd (Scaffold Logistics) over the approval of a proposed enterprise agreement. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The CFMEU (Victorian Construction and General Division) and Scaffold Logistics had entered into a Scaffold Enterprise Agreement 2016-2018, which sought to regulate the terms and conditions of employment for workers in the scaffolding industry.

The key legal issues before the Commission were whether the proposed agreement provided for the "better off overall test" (BOOT), if it contained any unfair provisions, and whether it complied with the procedural requirements under the Fair Work Act. The BOOT requires that employees are at least as well off under the new agreement as they would be under their existing awards or agreements. Additionally, the Commission examined whether the agreement contained any unfair provisions, which could potentially undermine the rights and protections afforded to employees under the Fair Work Act. Lastly, the Commission assessed whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, including the proper registration of the agreement and whether there had been adequate consultation and negotiation between the parties.

The Commission found that the proposed agreement met the better off overall test, as it provided employees with improved terms and conditions compared to their existing awards or agreements. The Commission also determined that the agreement did not contain any unfair provisions and complied with the procedural requirements under the Fair Work Act. Consequently, the Commission approved the Scaffold Enterprise Agreement 2016-2018. The Commission's decision was based on a thorough analysis of the evidence presented by both parties, as well as a consideration of the broader implications of the agreement for the scaffolding industry and the employees it affected. The approval of the agreement was a significant outcome for both the CFMEU and Scaffold Logistics, as it provided certainty and stability for the parties and their 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