DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4446)

SCAFFOLD LOGISTICS COMMERCIAL 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, 19 JULY 2016

Application for approval of the SCAFFOLD LOGISTICS COMMERCIAL 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 SCAFFOLD LOGISTICS COMMERCIAL 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 19 July 2016 and, in accordance with s.54, will operate from 26 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Scaffold Logistics Commercial Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) sought approval of their enterprise agreement from the Australian Industrial Relations Commission. The agreement, intended to cover the period 2016 to 2018, aimed to regulate the terms and conditions of employment for workers in the scaffolding industry. The union argued that the agreement met all necessary legal criteria, while the employer contested specific provisions regarding penalty rates and working conditions.

The primary legal issue before the court was whether the agreement complied with the requirements set out in the Fair Work Act. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions, including wages, leave, and other employment conditions. Additionally, the court examined if the agreement met the criteria for being a simple, streamlined, and fair agreement, as required under the legislation. The union contended that the agreement was in line with the statutory requirements, while the employer raised objections to certain clauses, arguing they were unfair and unreasonable.

The court assessed the agreement clause by clause, focusing on the fairness and reasonableness of the provisions. It considered the implications of the agreement on both employers and employees, and evaluated whether the agreement promoted fair and efficient industrial relations. The court found that, overall, the agreement met the legislative criteria for fairness and reasonableness. It concluded that the provisions, while contentious, were not so unreasonable as to warrant disapproval. Consequently, the court approved the agreement, stating that it provided for fair and reasonable terms and conditions of employment.

The final order of the court was to approve the Scaffold Logistics Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016 - 2018, with the agreement to take effect from the date of the decision. The court's approval ensured that the terms and conditions outlined in the agreement would govern the employment relations in the scaffolding industry for the specified period, subject to the conditions of the Fair Work Act.

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