DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1053)

CAPITAL SCAFFOLD NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 2 JUNE 2015

Application for approval of the Capital Scaffold NSW Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Capital Scaffold NSW 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 the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Capital Scaffold NSW Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015 to 2017. The CFMEU opposed the application, raising concerns about the fairness and appropriateness of certain provisions within the agreement. The matter was heard in the Fair Work Commission, where the central issues revolved around whether the agreement's terms were fair and appropriate under the Fair Work Act 2009. Specifically, the court had to determine whether the provisions regarding penalty rates and shift patterns were reasonable and if the agreement adequately protected employees' rights.

The Fair Work Commission examined the nature of the proposed agreement and the provisions that were contested. It considered the overall fairness of the terms and whether they complied with the statutory criteria for approval. The court assessed the evidence presented by both parties and evaluated whether the agreement struck a fair balance between the interests of the employer and the employees. The Commission noted that the provisions in question were common in the industry and that the agreement had been negotiated in good faith. It concluded that, while some provisions could be improved, the overall agreement was fair and appropriate, given the context and industry standards.

In reaching its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. It acknowledged the concerns raised by the CFMEU but determined that the benefits of the agreement outweighed the potential drawbacks. The Commission emphasised the importance of collective bargaining and the need to support agreements that, on balance, were fair and reasonable. The application for approval of the collective agreement was therefore granted, with the agreement entering into force as per its terms. This decision underscored the importance of industry-specific considerations and the role of the Commission in facilitating fair and effective workplace agreements.

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