DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4419)

GRANDSTAND SCAFFOLDS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the Grandstand Scaffolds Pty Ltd / CFMEU Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Grandstand Scaffolds Pty Ltd / CFMEU Collective Agreement 2016 (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 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a collective agreement between Grandstand Scaffolds Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement in question related to the employment conditions of workers in the scaffolding industry. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement was made in good faith, whether it adhered to the requirements of the Act, and whether it provided for the proper administration of the industry.

The Commission began by examining the process through which the agreement was negotiated. It considered whether the bargaining process was conducted in good faith, which included assessing the parties' conduct and the nature of their negotiations. The Commission also evaluated whether the agreement provided for the proper administration of the industry, including whether it covered all relevant employees and whether it contained provisions that were necessary for the effective operation of the industry. Furthermore, the Commission scrutinized whether the agreement complied with all statutory requirements, including those related to pay rates, conditions of employment, and dispute resolution mechanisms.

After thorough consideration, the Commission found that the agreement was made in good faith and met the statutory requirements. It determined that the agreement provided for the proper administration of the industry, as it included comprehensive provisions covering all relevant employees and was necessary for the effective operation of the industry. The Commission also confirmed that the agreement complied with all statutory requirements under the Fair Work Act 2009. Consequently, the application for approval of the collective agreement was successful.

As a result of the Commission's findings, the Grandstand Scaffolds Pty Ltd / CFMEU Collective Agreement 2016 was approved. This approval meant that the agreement would now serve as a legally binding document governing the employment conditions of workers in the scaffolding industry, as per the terms outlined in the collective 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