Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 5689

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4677)

Scaff & Co. Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the Scaff & Co. Pty Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Scaff & Co. Pty Ltd / CFMEU Collective Agreement 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval for the Scaff & Co. Pty Ltd / CFMEU Collective Agreement 2018. The application was heard in the Fair Work Commission of Australia. The applicant, representing the union, sought the Commission's approval of the collective agreement which was entered into with Scaff & Co. Pty Ltd. The agreement aimed to regulate various aspects of employment between the union and the company.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a lawful and effective collective agreement. This involved examining the agreement's content, the bargaining process, and whether it provided for the proper regulation of the terms and conditions of employment.

The Commission examined the agreement in detail, considering the scope of the bargaining, the nature of the terms and conditions outlined, and whether the agreement provided for the proper regulation of employment. The Commission found that the agreement was made in good faith and covered matters appropriate for a collective agreement. The bargaining process was deemed fair, and the terms and conditions of employment were comprehensive and met the statutory requirements. Consequently, the Commission approved the collective agreement, recognising it as a lawful and effective means of regulating employment between the union and the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established