DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1267)

THE TRUSTEE FOR J T REGAN FAMILY TRUST T-AS FULL STRENGTH SCAFFOLDING FSS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 MAY 2018

Application for approval of The Trustee for J T Regan Family Trust t-as Full Strength Scaffolding FSS Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for J T Regan Family Trust t-as Full Strength Scaffolding FSS Pty Ltd / CFMEU Collective Agreement 2017-2018 (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 14 May 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 applicant, The Trustee for J T Regan Family Trust t/as Full Strength Scaffolding FSS Pty Ltd, applied to the Fair Work Commission for approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the terms of the proposed agreement, which was intended to cover employees of the scaffolding company. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a genuine enterprise bargaining agreement, complied with the good faith bargaining requirement, and adhered to the statutory minimum entitlements. The Commission needed to assess if the agreement reflected the outcome of genuine bargaining between the parties and if it contained provisions that met the statutory minimum standards. Additionally, the Commission had to consider whether the agreement contained any unlawful content or if it was otherwise inconsistent with the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement was a genuine enterprise bargaining agreement, as it reflected the outcome of genuine bargaining between the parties. The Commission determined that the parties had engaged in a process of give-and-take, and that the agreement contained terms that were not solely dictated by one party. The Commission also found that the agreement complied with the statutory minimum entitlements and did not contain any unlawful content. Consequently, the Commission approved the application for the collective agreement to be registered.

The Fair Work Commission approved the application for the collective agreement to be registered, finding that it met the legal requirements for approval under the Fair Work Act. The Commission's decision highlights the importance of genuine bargaining and compliance with statutory minimum entitlements in the formation of enterprise bargaining agreements. This case serves as a useful reference for employers and unions when negotiating and finalising collective agreements in the future.

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