DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3732)

SPANZ STRUCTURES 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, 5 JULY 2016

Application for approval of the Spanz Structures 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 Spanz Structures 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 5 July 2016 and, in accordance with s.54, will operate from 12 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 matter before the Fair Work Commission involved an application for the approval of the Spanz Structures Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. The primary parties in this case were Spanz Structures Pty Ltd, an employer in the scaffolding industry, and the CFMEU, representing the employees. The dispute centred around the terms and conditions set forth in the proposed enterprise agreement, which sought to regulate the employment conditions for contract scaffolders.

The legal issues before the Commission primarily revolved around whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were not less favourable than the applicable awards and if it adhered to the procedural requirements for approval under the Act. The Commission also needed to consider whether the agreement was genuinely negotiated and if it met the broader objectives of the Fair Work Act, including promoting high levels of productivity and enterprise flexibility.

In its decision, the Commission examined the evidence presented by both parties, including submissions and witness testimonies. It found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement did not provide for terms and conditions that were less favourable than the applicable award, and it was the product of genuine negotiations. Furthermore, the Commission concluded that the agreement supported the objectives of the Fair Work Act by fostering productive and flexible employment relationships. Consequently, the Commission approved the enterprise agreement, confirming its compliance with all relevant legal standards.

The final orders of the Commission were that the Spanz Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018 be approved as a certified agreement under the Fair Work Act 2009. This decision would have significant implications for the employment conditions of contract scaffolders employed by Spanz Structures Pty Ltd and potentially set a precedent for similar agreements in the 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