DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3816)

ROVERA SCAFFOLDING (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 26 SEPTEMBER 2018

Application for approval of the Rovera Scaffolding (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 Rovera Scaffolding (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 3 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of a collective agreement between Rovera Scaffolding (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The parties sought to have the agreement recognised and enforced as a binding instrument under the Fair Work Act 2009. The application was heard by the Fair Work Commission, a body established under the Act to oversee industrial relations matters.

The central legal issue the Commission had to address was whether the collective agreement met the statutory requirements for approval. These requirements included whether the agreement had been genuinely negotiated and whether it contained terms and conditions that were fair and reasonable. Additionally, the Commission had to consider whether the agreement complied with any relevant national employment standards.

The Fair Work Commission determined that the collective agreement had been genuinely negotiated between the parties. It also found that the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both employers and employees. The Commission noted that the agreement provided for adequate protections for employees, including provisions related to working hours, overtime, and leave entitlements. Furthermore, the Commission was satisfied that the agreement complied with all relevant national employment standards.

The Fair Work Commission approved the Rovera Scaffolding (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019, finding that it met the statutory requirements for approval. The agreement was thus recognised as a binding instrument under the Fair Work Act 2009.

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