DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3667)

CAPITAL SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 AUGUST 2018

Application for approval of the Capital Scaffolding Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Capital Scaffolding 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.

[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 24 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Capital Scaffolding Pty Ltd / CFMEU Collective Agreement 2018. The applicant argued that the agreement was suitable for registration under the Fair Work Act 2009. The respondent, Capital Scaffolding Pty Ltd, argued that certain provisions of the agreement were contrary to public policy and should not be approved. The central legal issues before the Commission were whether the provisions of the agreement were contrary to public policy, and if not, whether they should be approved for registration. The Commission considered the arguments from both parties and examined the provisions of the agreement in question. It found that the provisions did not contravene public policy and were in accordance with the objectives of the Fair Work Act. The Commission approved the agreement for registration, subject to certain conditions. The final orders included the approval of the agreement, with specific provisions to be reviewed in the future to ensure continued compliance with the Act.

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