DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3710)

INDEPENDENT CONTRACTING PTY LTD T/AS INDEPENDANT SCAFFOLDS 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 Independent Contracting Pty Ltd T/As Independent Scaffolds 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 Independent Contracting Pty Ltd T/As Independent Scaffolds 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 was an application by Independent Contracting Pty Ltd, trading as Independent Scaffolds, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the approval of the Contract Scaffold Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. The application was heard by the Full Bench of the Fair Work Commission, which included Commissioner McCabe, Deputy President Dow, and Member O’Donnell.

The legal issues that the Commission was required to determine included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions as required by law, and whether the agreement was in the best interests of the employees covered by it. Additionally, the Commission had to consider whether the agreement contained appropriate dispute resolution mechanisms and whether the union had genuinely consulted with its members prior to entering into the agreement. These issues were critical to ensuring that the agreement complied with the statutory framework established by the Fair Work Act.

In reaching its decision, the Commission examined the process of negotiation and consultation that had taken place between the parties. The Commission found that both the employer and the union had acted in good faith and that the agreement contained all the required minimum terms and conditions. The Commission also noted that the agreement provided for fair and effective dispute resolution mechanisms and that the union had made a genuine effort to consult with its members. After considering all the evidence and arguments presented, the Commission concluded that the agreement was in the best interests of the employees and approved the application. The Commission's decision was based on the comprehensive analysis of the agreement and the processes that led to its creation.

The final orders of the Commission were that the Contract Scaffold Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act. This approval meant that the agreement would be legally binding on the parties and enforceable by the Fair Work Ombudsman. The decision provided clarity and certainty for the employees, employers, and unions involved, ensuring that the agreement met all the necessary statutory requirements.

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