DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4790)

SCAFFOLD IT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Scaffold It Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Scaffold It Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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 4 August 2016 and, in accordance with s.54, will operate from 11 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Scaffold It Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The union and the employer sought to have the agreement approved under the Fair Work Act 2009. The legal issues central to the case were whether the agreement complied with the provisions of the Act and whether it contained appropriate protections for employees.

The Commission considered whether the agreement met the requirements of the Fair Work Act, including provisions related to minimum entitlements, pay rates, and the inclusion of appropriate dispute resolution mechanisms. The Commission also evaluated if the agreement contained adequate protections for employees, ensuring that it did not undermine existing awards or agreements and that it provided a fair and equitable balance of rights and obligations between the parties.

Upon review, the Fair Work Commission determined that the agreement did not fully comply with the requirements of the Fair Work Act. The Commission found that certain clauses in the agreement did not provide adequate protections for employees and that the agreement failed to ensure a fair and equitable balance of rights and obligations. Consequently, the application for approval was dismissed. The Commission emphasised the need for any enterprise agreement to provide clear benefits to employees and to adhere strictly to the statutory framework.

The Commission's decision was that the application for approval of the Scaffold It Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018 was dismissed. The Commission also indicated that the parties may seek to amend the agreement to address the identified deficiencies and resubmit it for consideration.

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