DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3790)

SCAFFOLDS ARE US 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, 8 JULY 2016

Application for approval of the Scaffolds Are Us 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 Scaffolds Are Us 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 8 July 2016 and, in accordance with s.54, will operate from 15 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Scaffolds Are Us Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Enterprise Agreement. The agreement, spanning the years 2016 to 2018, was subject to the scrutiny of the Commission to ensure it met the criteria under the Fair Work Act 2009. The dispute centred on whether the agreement adequately provided for the terms and conditions of employment for the employees involved, including wages, working conditions, and dispute resolution mechanisms.

The legal issues the court was required to address involved whether the agreement satisfied the "better-off-overall test," meaning that the employees would be better off with the agreement than without it. This required the Commission to consider if the agreement provided terms and conditions that were at least as good as, or better than, those set out in the applicable award or safety net. Additionally, the court had to ensure that the agreement was free from prohibited content, such as provisions that were discriminatory or that undermined the safety net.

In its reasoning, the Commission examined the provisions of the agreement and compared them to the applicable award and the safety net. The court found that the agreement did provide terms and conditions that met the better-off-overall test, as it included wage increases and improved working conditions that were advantageous for the employees. Furthermore, the Commission was satisfied that the agreement did not contain any prohibited content and was in line with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement, recognising that it met the necessary statutory requirements and would benefit the employees involved.

The final orders of the court were to approve the Scaffolds Are Us Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018, effective from the date of the decision. The approval meant that the terms and conditions set out in the agreement would apply to the employees for the duration of the agreement, until it expired or was superseded by a new 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