DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/977)

COMPLETE SCAFFOLD SOLUTIONS PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 MAY 2016

Application for approval of the Complete Scaffold Solutions Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise Agreement known as the Complete Scaffold Solutions Pty Ltd / CFMEU Collective Agreement 2016 – 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 May 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 case involved an application for the approval of an enterprise agreement between Complete Scaffold Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard in the Fair Work Commission (FWC), an independent statutory tribunal established under the Fair Work Act 2009. The central dispute was over the terms and conditions of employment, specifically those outlined in the proposed agreement. The CFMEU sought to approve the agreement, while Complete Scaffold Solutions Pty Ltd contested certain provisions.

The primary legal issue before the FWC was whether the terms of the proposed agreement were in compliance with the Fair Work Act 2009. This involved an examination of the procedural fairness in the negotiation process, the content of the agreement, and whether the agreement met the requirements of "no disadvantage" under the Act. The FWC had to determine if the agreement provided fair terms and conditions of employment, ensuring no employee was worse off, and if the agreement was made in good faith.

In its decision, the FWC carefully reviewed the evidence presented by both parties regarding the negotiation process and the content of the agreement. The FWC found that the agreement had been negotiated in good faith and that it contained terms that were fair and reasonable. The tribunal concluded that the proposed agreement did not result in any employee being worse off and was in compliance with the statutory requirements. Therefore, the FWC approved the Complete Scaffold Solutions Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017.

As a result of the decision, the Complete Scaffold Solutions Pty Ltd / CFMEU Greenfields Agreement 2016 - 2017 was approved by the FWC, effective from the date of the decision. The agreement now legally binds the employer and the employees, setting out their terms and conditions of employment for the specified period.

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