DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1724)

ROVERA SCAFFOLDING (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2016

Application for approval of the Rovera Scaffolding (QLD) Pty Ltd and the CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rovera Scaffolding (QLD) Pty Ltd and the CFMEU Union Collective Agreement 2015 - 2019. 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 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Construction, Forestry, Mining and Energy Union case, the applicant sought approval for a collective agreement between Rovera Scaffolding (QLD) Pty Ltd and the CFMEU Union for the period 2015 to 2019. The dispute arose under the Fair Work Act 2009, with the applicant arguing that the proposed agreement met the criteria for registration as a lawful and fair workplace instrument. The matter was heard by the Fair Work Commission, which is responsible for overseeing the enforcement of the Fair Work Act.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the statutory requirements set out in the Fair Work Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions, whether it was free from any form of coercion or undue influence, and whether it was in the best interests of the employees. Additionally, the Commission had to determine if the agreement was consistent with the principles of good faith bargaining and the broader objectives of the Fair Work Act.

The Commission found that the proposed agreement met the necessary criteria for approval. It was noted that the agreement contained provisions that were fair and reasonable, providing for wages and conditions that were consistent with industry standards and practices. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and without any undue influence. The Commission concluded that the agreement was in the best interests of the employees and aligned with the overarching goals of the Fair Work Act. Consequently, the application for approval was granted.

The Commission's decision to approve the Rovera Scaffolding (QLD) Pty Ltd and the CFMEU Union Collective Agreement 2015 - 2019 provides clarity and certainty for both parties in their ongoing relationship. The approval ensures that the agreed terms and conditions are legally binding and enforceable, promoting a fair and harmonious workplace environment. The decision also serves as a precedent for future collective agreements, reinforcing the importance of adhering to the statutory requirements and principles of good faith bargaining under 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