DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1480)

THE TRUSTEE FOR J T REGAN FAMILY TRUST T-AS FULL STRENGTH SCAFFOLDING FSS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 JUNE 2016

Application for approval of The Trustee for J T Regan Family Trust t-as Full Strength Scaffolding FSS Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for J T Regan Family Trust t-as Full Strength Scaffolding FSS Pty Ltd / CFMEU Collective Agreement 2016 - 2017 (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 15 June 2016 and, in accordance with s.54, will operate from 22 June 2016. The nominal expiry date of the Agreement is 30 June 2017.

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 sought approval of a collective agreement between The Trustee for J T Regan Family Trust trading as Full Strength Scaffolding FSS Pty Ltd and its employees. The dispute centred on the terms and conditions of employment outlined in the collective agreement. The Commission was tasked with determining whether the agreement met the legal criteria for approval, specifically focusing on its compliance with the Fair Work Act 2009. The central issues revolved around whether the agreement appropriately balanced the rights and obligations of the employer and employees and whether it complied with relevant industrial laws.

The Commission considered the substantive provisions of the agreement, including wages, hours of work, leave entitlements, and other conditions of employment. It examined whether these terms were fair and reasonable in the context of the industry and the bargaining power of the parties. The Commission also assessed whether the agreement had been genuinely negotiated and whether it provided adequate protection for employees' rights. Furthermore, the Commission evaluated whether the agreement met the requirements for a "modern award" under the Fair Work Act, ensuring it did not undermine the operation of the safety net provided by modern awards and agreements.

After a thorough analysis, the Commission concluded that the collective agreement met the necessary criteria for approval. The terms were found to be fair and reasonable, and the agreement was genuinely negotiated between the parties. The Commission determined that the agreement provided appropriate protections for employees while allowing the employer to operate effectively. Consequently, the Commission approved the collective agreement, recognising its compliance with the Fair Work Act and its suitability for the parties involved. The approval ensures that the terms and conditions of employment are legally enforceable and provide a stable framework for industrial relations within the company.

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