DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6479)

DB SCAFFOLDING & RIGGING AUSTRALIA PTY LTD / CFMEU GREENFIELD AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2018

Application for approval of the DB Scaffolding & Rigging Australia Pty Ltd / CFMEU Greenfield Agreement 2017-2018.

[1] An application has been made for approval of a greenfields agreement known as the DB Scaffolding & Rigging Australia Pty Ltd / CFMEU Greenfield Agreement 2017-2018 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 Construction, Forestry, Mining and Energy Union are 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the DB Scaffolding & Rigging Australia Pty Ltd / CFMEU Greenfield Agreement 2017-2018. The applicant, DB Scaffolding & Rigging Australia Pty Ltd, sought approval of the agreement under the Fair Work Act. The Construction, Forestry, Mining and Energy Union (CFMEU) did not oppose the application. The Commission had to determine whether the agreement met the criteria for approval under the Act.

The central legal issue was whether the agreement satisfied the requirements for a Greenfield Agreement as outlined in the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and without coercion, and whether it provided for fair and reasonable terms and conditions of employment. Given that the CFMEU did not oppose the application, the primary focus was on whether the agreement met the statutory criteria for approval.

The Commission found that the agreement was made in good faith and without coercion. The terms of the agreement were considered fair and reasonable, providing appropriate protections and benefits for employees. The agreement also included provisions that were consistent with the objectives of the Fair Work Act, including promoting high levels of productivity and harmonious, cooperative and mutually beneficial employer-employee relations. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the DB Scaffolding & Rigging Australia Pty Ltd / CFMEU Greenfield Agreement 2017-2018. The Commission certified the agreement, making it a registered agreement under the Fair Work Act. This decision allowed the terms of the agreement to apply to the employees of DB Scaffolding & Rigging Australia Pty Ltd 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