DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1206)

AUSWIDE SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the Auswide Scaffolding Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Auswide Scaffolding 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 3 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

The Construction, Forestry, Mining and Energy Union sought approval of a collective agreement between Auswide Scaffolding Pty Ltd and the union. The matter was brought before the Fair Work Commission. The union argued that the agreement was necessary to ensure fair and reasonable terms for its members, while Auswide Scaffolding Pty Ltd opposed the application, claiming that the agreement was not in the best interests of the company and its employees. The court had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court considered several factors in reaching its decision. Firstly, it examined the process by which the agreement was negotiated and whether it was done in good faith. The court also looked at the terms of the agreement and whether they were fair and reasonable, taking into account the interests of both the union and the employer. Additionally, the court assessed whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. Ultimately, the court found that the agreement met all the necessary criteria for approval.

Having examined the evidence and the arguments presented by both parties, the court found that the agreement was fairly negotiated, reasonable, and compliant with the relevant legislation. The court approved the Auswide Scaffolding Pty Ltd / CFMEU Collective Agreement 2016 - 2017. The decision was made in the interest of ensuring fair and reasonable terms for the union members while also considering the employer's perspective. The court's approval of the agreement will provide stability and certainty for both parties moving forward.

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