DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4616)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 AUGUST 2016

Application for approval of the SMS Scaffolding 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 the SMS Scaffolding 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 9 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFME) sought approval for the SMS Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. The dispute centered on whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was in the interests of enterprise bargaining and whether it complied with the relevant legislative provisions.

The central legal issue was whether the agreement provided a safety net of minimum terms and conditions of employment, and whether it complied with the good faith requirement. Additionally, the Commission had to ensure that the agreement did not undermine the existing industrial relations framework. The CFMEU argued that the agreement was beneficial for workers and maintained the necessary balance between employer and employee rights.

The Commission found that the agreement was in the interests of enterprise bargaining, providing a safety net of minimum terms and conditions. It concluded that the agreement complied with the good faith requirement and did not undermine the industrial relations framework. The Commission approved the agreement, highlighting the benefits it provided to workers while maintaining a balanced approach to employer and employee rights.

The Commission ordered the approval of the SMS Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. The agreement was to be registered and in effect from the date of the decision, ensuring that it would govern the employment terms and conditions for the specified period.

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