DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3764)

HIGHRISE BUILDING SERVICES TRUST T/AS HIGHRISE BUILDING SERVICES 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, 7 JULY 2016

Application for approval of the Highrise Building Services Trust T/As Highrise Building Services 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 Highrise Building Services Trust T/As Highrise Building Services 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 7 July 2016 and, in accordance with s.54, will operate from 14 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, as the employer representative, lodged an application for the approval of the Highrise Building Services Trust, trading as Highrise Building Services Pty Ltd, and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. The dispute pertained to the conditions of employment and the terms of the enterprise agreement for the employees engaged in the construction, forestry, mining and energy sectors. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees.

The central legal issues before the Commission involved the examination of the proposed enterprise agreement to ensure it complied with the Fair Work Act's provisions, particularly sections concerning minimum entitlements, procedural fairness, and genuine bargaining. The Commission had to verify that the agreement was made without coercion, that it contained the prescribed minimum terms and conditions, and that it was not contrary to public policy. Additionally, the Commission needed to assess whether the agreement was in the best interests of the employees, considering their overall conditions and entitlements.

In reaching its decision, the Commission meticulously reviewed the proposed agreement, scrutinising each clause for compliance with the statutory framework. The Commission found that the agreement adhered to the prescribed minimum terms and conditions, did not contain any clauses that were contrary to public policy, and was made without any element of coercion. Furthermore, the Commission determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms that met the employees' needs and expectations. Consequently, the Commission approved the Highrise Building Services Trust/As Highrise Building Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018, endorsing its implementation.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision, and mandated its registration with the Fair Work Commission. The Commission also directed that the agreement be provided to all relevant employees and that any disputes arising from its interpretation or application be resolved in accordance with the Fair Work Act. This decision ensures that the employees of the Highrise Building Services Trust/As Highrise Building Services Pty Ltd are governed by an approved enterprise agreement that meets the statutory requirements and serves their interests.

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