DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3218)

SCORPION SCAFFOLDING AUSTRALIA AND CFMEU (WA) GREENFIELDS AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JULY 2015

Application for approval of the Scorpion Scaffolding Australia and CFMEU (WA) Greenfields Agreement 2015-2017.

[1] An application has been made for approval of an enterprise Agreement known as the Scorpion Scaffolding Australia and CFMEU (WA) Greenfields Agreement 2015-2017 (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 15 July 2015. The nominal expiry date of the Agreement is 30 December 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 an enterprise agreement between Scorpion Scaffolding Australia and the Construction, Forestry, Mining and Energy Union (WA) Greenfields. The application was brought before the Fair Work Commission (FWC), which is the body responsible for approving such agreements under Australian labour law. The dispute centred on whether the agreement met the necessary criteria for approval, particularly regarding the proper representation of the parties involved and the agreement's compliance with relevant legislative requirements.

The primary legal issues addressed by the court were whether the union genuinely represented the employees in negotiating the agreement and whether the agreement complied with the Fair Work Act 2009. The court needed to determine if the union had a sufficient membership interest and if the agreement contained the mandatory terms required by law. Additionally, the court examined if the agreement adhered to the procedural requirements outlined in the Fair Work Act.

The court found that the union had a sufficient membership interest among the employees, thereby having the authority to negotiate on their behalf. The court also determined that the agreement contained all the mandatory terms stipulated by the Fair Work Act. Furthermore, the court confirmed that the agreement was made in accordance with the procedural requirements of the Act. Based on these findings, the court approved the agreement, ensuring that it would become a legally binding contract between the parties involved.

The court's decision resulted in the approval of the Scorpion Scaffolding Australia and CFMEU (WA) Greenfields Agreement 2015-2017, which now governs the employment conditions of the workers covered by the agreement. This approval signifies that the agreement will be enforceable and that the terms outlined within it will regulate the relationship between the employer and the employees 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