| [2022] FWCA 998 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/700)
STILCON SCAFFOLDING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SCAFFOLD YARD ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | SYDNEY, 23 MARCH 2022 |
Application for approval of the STILCON SCAFFOLDING 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 STILCON SCAFFOLDING 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 30 March 2022. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 998
- Case
- [2022] FWCA 998
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the proposed agreement provided for minimum terms and conditions of employment, whether it included provisions that were unfair, and whether it contained any other provisions that did not comply with the requirements of the Fair Work Act. The Commission had to assess if the agreement's terms were consistent with the Fair Work (Registered Organisations) Act 2009, which mandates that registered organisations must not make agreements that fail to meet minimum standards. The agreement had to be fair and balanced, providing a reasonable framework for the employment relationship between STILCON SCAFFOLDING PTY LTD and its employees.
After reviewing the submissions and evidence from both parties, the Commission determined that the proposed agreement met the necessary standards under the Fair Work Act. The agreement was deemed to provide for minimum terms and conditions that were fair and balanced, and it did not contain any unfair provisions. The Commission found that the agreement appropriately addressed the needs of both employers and employees, ensuring that employees received appropriate protections and entitlements while also allowing STILCON SCAFFOLDING PTY LTD to operate effectively. Consequently, the Commission approved the agreement, which will now govern the employment conditions for the relevant workers during the specified period.
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Background
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