Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 2177

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/1132)

LD Scaffolding Pty Ltd / CFMEU Greenfield Agreement 2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 16 APRIL 2018

Application for approval of the LD Scaffolding Pty Ltd / CFMEU Greenfield Agreement 2018.

An application has been made for approval of a greenfields agreement known as the LD Scaffolding Pty Ltd / CFMEU Greenfield Agreement 2018 (Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 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 the Fair Work Commission’s approval of the LD Scaffolding Pty Ltd / CFMEU Greenfield Agreement 2018. The applicant argued that the agreement, which contained provisions regarding pay rates, working conditions, and dispute resolution mechanisms, was fit for purpose and in the interests of the employees it covered. The dispute primarily revolved around whether the agreement met the statutory criteria for approval, specifically whether it provided a safety net for employees and was free from any unfair provisions.

The central legal issues for the Commission to determine were whether the agreement was genuinely bargained between the parties, whether it provided a safety net for employees, and whether it contained any unfair provisions. The Commission also needed to assess if the agreement adhered to the principles of the Fair Work Act and whether it was in the best interests of the employees.

The Commission held that the agreement was genuinely negotiated and contained provisions that were fair and reasonable. It found that the agreement provided a safety net for employees by establishing minimum pay rates and conditions that were better than those provided by the relevant award. The Commission also determined that the agreement did not contain any unfair provisions and was in the best interests of the employees. Accordingly, the Commission approved the agreement under section 234 of the Fair Work Act 2009.

The Commission approved the LD Scaffolding Pty Ltd / CFMEU Greenfield Agreement 2018, finding it to be a fair and reasonable agreement that provided a safety net for employees and was in their best interests. The Commission’s approval was based on the provisions of the Fair Work Act and the evidence presented by the parties. The agreement is now legally binding on the employer, the employees, and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established