DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4740)

SCAFFOLD IT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the SCAFFOLD IT PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as SCAFFOLD IT PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018 (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, 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, 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 8 August 2016 and, in accordance with s.54, will operate from 15 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Scaffold It Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) to approve a proposed enterprise agreement. The agreement in question was the Scaffold It Pty Ltd and CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. The legal dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly whether it facilitated the improvement of pay and conditions in the industry and did not adversely affect the operation of the agreement or the parties’ employees.

The primary legal issues addressed by the Commission were whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act, and if it ensured genuine bargaining between the parties. This included scrutiny of the agreement's provisions on wages, working conditions, and other employment terms to ensure they were fair and reasonable. The Commission also had to determine if the agreement would have a detrimental effect on the operation of the agreement or on the parties’ employees, which could preclude its approval.

In rendering its decision, the Commission examined the evidence and submissions from both parties, taking into account the broader context of the construction industry and the specific circumstances of the proposed agreement. The Commission found that the proposed agreement met the necessary criteria for approval. It was determined that the agreement facilitated the improvement of pay and conditions in the industry, and that it did not have an adverse effect on the operation of the agreement or on the parties’ employees. The Commission was satisfied that the agreement was the product of genuine bargaining and provided fair and reasonable terms for the employees involved.

The Commission approved the proposed agreement, subject to certain conditions, which included the agreement being registered with the Fair Work Commission. This decision ensures that the terms and conditions set out in the agreement will apply to the employees of Scaffold It Pty Ltd and the CFMEU (Victorian Construction and General Division) for the duration of the agreement.

Construction, Forestry, 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