DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6739)

VERTEX SCAFFOLD PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2015

Application for approval of the Vertex Scaffold Pty Ltd / CFMEU Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Vertex Scaffold Pty Ltd / CFMEU Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 7 December 2015. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the 2015 Collective Agreement between Vertex Scaffold Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose in the Fair Work Commission (FWC) under the Fair Work Act 2009, with the Commission seeking to have the agreement approved as a registered instrument. The court was required to assess whether the agreement met the criteria for approval as set out in the Act.

The primary legal issue before the court was whether the agreement complied with the requirements for registration under the Fair Work Act. Specifically, the court needed to determine if the agreement was a "certified agreement" as defined by the Act, which includes being "in writing", "made between an employer and employees", and "dealing with terms and conditions of employment." Further, the court needed to consider whether the agreement had been made in accordance with the processes outlined in the Act, including whether it had been certified by the Fair Work Ombudsman.

The court examined the evidence and submissions provided, focusing on the process through which the agreement was made and the content of the agreement itself. It found that the agreement was in writing and dealt with terms and conditions of employment. The court also found that the agreement had been made in accordance with the Act, as it had been certified by the Fair Work Ombudsman. Given these findings, the court determined that the agreement met the criteria for approval and ordered its registration.

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