DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3813)

RICHARD JONES FAMILY TRUST NO 2 T/AS ALL SYSTEMS SCAFFOLDING 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 Richard Jones Family Trust No 2 T/As All Systems Scaffolding 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 Richard Jones Family Trust No 2 T/As All Systems Scaffolding 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Richard Jones Family Trust No 2 trading as All Systems Scaffolding, sought approval of a proposed enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009. The dispute arose from disagreements between the parties over the terms and conditions of employment for employees working in the scaffolding industry in Victoria. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 232 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it contained no provisions that were contrary to public policy. The Commission also had to consider if the agreement was made in good faith and if it was likely to achieve the purposes of the Act.

The Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it contained no provisions that were contrary to public policy. The Commission also found that the agreement was made in good faith and that it was likely to achieve the purposes of the Act. The Commission approved the agreement, subject to certain conditions, including the requirement that the applicant provide written confirmation to the Commission within 28 days of the date of the decision that it had taken all reasonable steps to inform its employees of the terms of the agreement.

The Fair Work Commission approved the proposed enterprise agreement, subject to certain conditions. The applicant was required to provide written confirmation to the Commission within 28 days of the date of the decision that it had taken all reasonable steps to inform its employees of the terms of the agreement. The agreement was to be registered with the Commission and would be in effect from the date of registration until 30 June 2018, unless terminated earlier in accordance with its provisions.

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