DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5062)

SYNERGY SCAFFOLDING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the Synergy Scaffolding Services Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Synergy Scaffolding Services Pty Ltd / CFMEU Collective Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. 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 a collective agreement between Synergy Scaffolding Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was brought before the Fair Work Commission of Australia. The CFMEU sought approval of the agreement, which outlined terms and conditions of employment for workers in the scaffolding industry.

The legal issues before the Commission were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to determine if the agreement met the criteria for being a registered agreement, including whether it provided for the resolution of disputes and contained appropriate safeguards for employees. Additionally, the Commission had to assess whether the agreement was in the best interests of the employees it covered.

In its decision, the Commission carefully examined the provisions of the agreement and found that it did indeed comply with the legislative requirements. The agreement contained mechanisms for the resolution of disputes and included adequate safeguards for employees. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, considering factors such as wage increases, improved working conditions, and job security. As a result, the Commission approved the collective agreement.

The Fair Work Commission approved the Synergy Scaffolding Services Pty Ltd / CFMEU Collective Agreement 2015 - 2017, finding it to be compliant with the Fair Work Act 2009 and in the best interests of the employees it covered.

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