DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3743)

DORAN, TERRY WAYNE T/AS TRIWEST SCAFFOLDING SERVICES 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 Doran, Terry Wayne T/As Triwest Scaffolding Services 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 Doran, Terry Wayne T/As Triwest Scaffolding Services 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

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CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFME), sought the approval of a new enterprise agreement between Doran, Terry Wayne trading as Triwest Scaffolding Services, and the union's Victorian Construction and General Division. The dispute was brought before the Fair Work Commission, which is tasked with overseeing the implementation of the Fair Work Act 2009. The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, particularly whether it was a "direct" agreement, and if it complied with the "better off overall test."

The Commission examined the process by which the agreement was negotiated and whether it was done in good faith. It also considered if the agreement provided for fair terms and conditions, and if it was free from any improper influence or coercion. The Commission took into account the submissions from both parties, including the union's evidence that the agreement was negotiated in good faith and was fair and reasonable. The Commission also reviewed the agreement to ensure that it did not unfairly disadvantage any party and that it met the requirements of the better off overall test.

Upon review, the Commission determined that the agreement was a direct one, properly negotiated in good faith, and met the statutory requirements. The agreement was found to provide fair and reasonable terms and conditions for the employees and did not contain any terms that would be considered harsh, unjust, or unreasonable. The Commission concluded that the agreement passed the better off overall test as it provided for improved wages and conditions compared to the previous agreement. The Commission approved the agreement, stating that it was fair and reasonable and met all legal requirements.

The Fair Work Commission approved the Doran, Terry Wayne T/As Triwest Scaffolding Services and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. This decision confirms that the agreement is valid and can be implemented, providing a framework for fair and reasonable terms and conditions for employees in the specified industry.

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