Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3286)

SCAFFOLD LOGISTICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SCAFFOLD YARD ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2022

Application for approval of the SCAFFOLD LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the SCAFFOLD LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 24 August 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Scaffold Logistics Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2020-2023. The agreement was a subject of scrutiny due to its implications on the terms and conditions of employment for workers in the scaffolding industry. The union and the employer sought the Commission's approval of the enterprise agreement, which would allow it to be registered and enforced under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Act. Specifically, the Commission had to determine if the agreement provided a safety net of minimum terms and conditions that improved upon, or at least met, the national minimum standards set out in the relevant awards. The Commission also needed to assess if the agreement was made in accordance with the procedural requirements of the Act, and if it contained appropriate dispute resolution provisions.

In reaching its decision, the Commission considered the evidence presented by both parties and the implications of the agreement on the employees. The Commission noted that the agreement provided for wages and conditions that were at least equal to, and in many cases better than, the applicable award rates. The Commission was satisfied that the agreement contained appropriate dispute resolution provisions and that it was made in good faith and without any coercion. The Commission concluded that the agreement met the requirements for approval under the Act and was in the best interests of the employees.

Consequently, the Fair Work Commission approved the Scaffold Logistics Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2020-2023, enabling it to be registered and enforced. The agreement will now govern the terms and conditions of employment for the workers in the scaffolding industry covered by the agreement for the duration of its operation.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established