Construction, Forestry, Mining and Energy Union

[2018] FWCA 204

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/6716)

Beyond Scaffolding Pty Ltd / CFMEU Collective Agreement 2017-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 11 JANUARY 2018

Application for approval of the Beyond Scaffolding Pty Ltd / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the Beyond Scaffolding Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of a collective agreement between Beyond Scaffolding Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2017-2018. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009, including whether it complied with the provisions for a genuine enterprise agreement and whether it had been fairly negotiated. The dispute centred on the terms of the agreement, with the CFMEU asserting that the terms were necessary and reasonable to regulate the working conditions of employees, while Beyond Scaffolding contended that some provisions were overly restrictive and not reflective of a genuine bargain.

The central legal issue before the Commission was whether the collective agreement, as proposed, satisfied the statutory criteria for approval. This involved assessing whether the agreement had been genuinely negotiated, was appropriately scoped, and contained terms that were reasonable in the circumstances. Additionally, the Commission had to determine if the agreement included all mandatory terms as required by the Fair Work Act and whether the terms were consistent with the objectives of the Act, particularly the promotion of cooperative workplace relations.

In its decision, the Commission thoroughly examined the provisions of the agreement and the process of negotiation between the parties. It was found that the agreement had been genuinely negotiated, as evidenced by the submissions and evidence provided by both the union and the employer. The Commission also concluded that the agreement was appropriately scoped and contained terms that were reasonable, taking into account the nature of the industry and the legitimate needs of both parties. The mandatory terms were present, and the overall content of the agreement aligned with the objectives of promoting cooperative workplace relations. Consequently, the Commission approved the collective agreement, acknowledging its compliance with the statutory requirements.

The final orders of the Commission were that the Beyond Scaffolding Pty Ltd / CFMEU Collective Agreement 2017-2018 be approved and registered under the Fair Work Act 2009. This decision provided certainty for the parties and established the terms under which employees would be governed for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established