DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2017)

LOCKEDIN SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	SYDNEY, 1 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Lockedin 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 1 June 2018 and, in accordance with s.54, will operate from 8 June 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Locked-in Scaffolding Pty Ltd / CFMEU Collective Agreement 2018. The Fair Work Commission (FWC) was required to determine whether the agreement complied with the Fair Work Act 2009 and was in the interests of employees and employers. The FWC considered several legal issues, including whether the agreement provided for minimum rates of pay, conditions, and entitlements, and whether it was made without coercion or in a manner that was not unfair.

The FWC examined the agreement and found that it met the statutory requirements. The agreement included provisions for minimum rates of pay, leave entitlements, and other conditions of employment. The FWC was satisfied that the agreement was made without coercion and was in the interests of the employees and employers. The FWC approved the agreement, noting that it provided a fair and reasonable framework for the employment relationship between Locked-in Scaffolding Pty Ltd and its employees. The FWC's decision was based on the evidence presented and its assessment of the agreement's compliance with the Fair Work Act 2009.

The FWC approved the Locked-in Scaffolding Pty Ltd / CFMEU Collective Agreement 2018. The decision was based on the FWC's finding that the agreement met the statutory requirements and was in the interests of employees and employers. The FWC considered the agreement to be fair and reasonable, providing a framework for the employment relationship between Locked-in Scaffolding Pty Ltd and its employees. The approval of the agreement ensures that employees in the scaffolding industry will receive minimum rates of pay, conditions, and entitlements as set out in the agreement.

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