DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3744)

GRAVITY SCAFFOLD SOLUTIONS 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, 6 JULY 2016

Application for approval of the Gravity Scaffold Solutions 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 Gravity Scaffold Solutions 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 6 July 2016 and, in accordance with s.54, will operate from 13 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 case involved an application by Gravity Scaffold Solutions Pty Ltd for the approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia. The union contested the application, raising several objections regarding the terms of the proposed agreement.

The central legal issues revolved around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Key points of contention included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the good faith bargaining requirements, and whether it included provisions for dispute resolution. The union argued that certain clauses in the agreement were unfair and did not meet the standards required for an enterprise agreement.

In its decision, the Commission examined each clause of the agreement in detail, considering the principles of fairness and good faith bargaining. The Commission found that while some clauses were contentious, the overall agreement did not contravene the requirements of the Act. The Commission noted that the agreement contained standard terms and conditions that were reasonable and fair, and that the parties had engaged in genuine negotiations. As such, the application for approval was ultimately granted. The union's objections were largely dismissed, and the enterprise agreement was approved.

The final orders of the Commission were that the Gravity Scaffold Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018 be approved as a registered agreement, effective from the date of the decision.

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