DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/950)

SCAFFOLD LOGISTICS PTY LTD / CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 MAY 2016

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

[1] An application has been made for approval of an enterprise Agreement known as the Scaffold Logistics Pty Ltd / CFMEU Greenfields 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 12 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Scaffold Logistics Pty Ltd / CFMEU Greenfields Agreement 2016-2017. The agreement sought to regulate the terms and conditions of employment for employees of Scaffold Logistics Pty Ltd who were members of the union. The primary dispute centred around whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for the protection of employees' rights, established appropriate mechanisms for resolving disputes, and adhered to the principles of good faith bargaining. The Commission had to determine if the agreement was sufficiently comprehensive, clear, and consistent with the statutory requirements outlined in the Fair Work Act.

In delivering its decision, the Commission considered the evidence provided by both parties and examined the contents of the agreement. The Commission found that the agreement provided adequate protections for employees and included provisions for resolving disputes through a fair and transparent process. It also determined that the agreement was negotiated in good faith and met the necessary criteria for approval under the Act. Consequently, the Commission approved the agreement, recognising it as a valid and binding instrument under the Fair Work Act.

The final orders of the Commission included the approval of the Scaffold Logistics Pty Ltd / CFMEU Greenfields Agreement 2016-2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and the terms would govern the employment conditions of the relevant employees until such time as the agreement was varied or terminated in accordance with the statutory provisions.

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