DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7734)

COAST 2 COAST SCAFFOLDING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JANUARY 2016

Application for approval of the Coast to Coast Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Coast to Coast Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 27 January 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Coast to Coast Scaffolding Pty Ltd for the approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought to the Fair Work Commission (FWC) and subsequently appealed to the Federal Court of Australia. The primary issue before the court was whether the collective agreement was in the best interests of the employees covered by the agreement, as required by the Fair Work Act 2009. The court had to consider if the agreement met the criteria for being approved under the Act, including whether it promoted harmonious, productive and cooperative workplace relations, and if it provided for appropriate mechanisms for the resolution of workplace disputes.

The court examined the terms of the collective agreement and the submissions made by both parties. It focused on the provisions related to wages, conditions, and dispute resolution mechanisms. The court held that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and included provisions for the resolution of workplace disputes. The court found that the agreement promoted harmonious, productive and cooperative workplace relations, and provided appropriate mechanisms for the resolution of workplace disputes. The court also noted that the agreement had been negotiated in good faith and was not inconsistent with any relevant safety standards.

As a result of the court's decision, the application for approval of the collective agreement was upheld. The court found that the agreement met the requirements of the Fair Work Act 2009, and was in the best interests of the employees. The court's decision affirmed the importance of collective bargaining and the role of the FWC in approving collective agreements that promote harmonious, productive and cooperative workplace relations. The final orders of the court were that the application for approval of the collective agreement be granted, and that the agreement be approved as a registered agreement under the Fair Work Act 2009.

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