[2015] FWCA 2818

The attached document replaces the document previously issued with the above code on 24 April 2015 to correct a typographical error in the Agreement name.

Associate to SENIOR DEPUTY PRESIDENT DRAKE

24 April 2015

[2015] FWCA 2818

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/615)

INNOVATION SCAFFOLDS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 24 APRIL 2015

Application for approval of the Innovation Scaffolds Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Innovation Scaffolds Pty Ltd / CFMEU Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Innovation Scaffolds Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of a collective agreement. The application was heard in the Fair Work Commission. The central issue before the court was whether the agreement complied with the requirements set out in the Fair Work Act 2009, particularly focusing on whether it met the criteria for an enterprise agreement. This involved scrutinising the agreement's provisions to ensure they were not contrary to public policy or industrial law, and that they were made in good faith.

The court examined various aspects of the agreement, including its coverage of employees, the bargaining process, and the content of the agreement itself. The court found that the agreement was made in good faith and did not contravene any provisions of the Fair Work Act. The agreement covered all employees of Innovation Scaffolds Pty Ltd and contained provisions that were necessary and appropriate for the industry. The court was satisfied that the agreement was not contrary to public policy and that it met all statutory requirements.

Based on the evidence and arguments presented, the court approved the collective agreement between Innovation Scaffolds Pty Ltd and the CFMEU. The approval was granted on the condition that the agreement would be subject to periodic reviews to ensure its continued compliance with the Fair Work Act. This decision confirmed the validity of the agreement and provided certainty for both parties moving forward.

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