DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4645)

TUBEWAY SCAFFOLDING 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, 28 JULY 2016

Application for approval of the TUBEWAY 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 TUBEWAY 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. 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 28 July 2016 and, in accordance with s.54, will operate from 4 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 Construction, Forestry, Mining and Energy Union (CFMEU) and Tubeway Scaffolding Pty Ltd have applied for approval of the TUBEWAY SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission. The primary legal issue for the Commission to decide was whether the terms of the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT) and whether the agreement provided for a fair and efficient workplace. The Commission had to consider whether the proposed agreement provided for a better outcome for employees than what would be available under the relevant awards and whether it ensured a fair and efficient workplace.

The Commission determined that the agreement satisfied the BOOT, as it provided for a more favourable outcome for employees in terms of wages, conditions, and dispute resolution mechanisms. The agreement also included provisions that promoted a fair and efficient workplace, such as addressing workplace health and safety, flexible working arrangements, and dispute resolution. The Commission found that the proposed agreement met the requirements of the Fair Work Act and approved the TUBEWAY SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. The decision ensures that employees of Tubeway Scaffolding Pty Ltd will benefit from improved terms and conditions, while also promoting a fair and efficient workplace.

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