DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/647)

SCAFFORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 APRIL 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Scafform 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). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 8 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of a collective agreement between Scafform Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015 to 2017. The dispute centred around the terms of the proposed agreement, which was submitted under the Fair Work Act 2009. The court had to determine if the agreement complied with the legislative requirements and if the application met the necessary procedural standards.

The legal issues before the court included whether the application was appropriately made and whether the agreement met the conditions for registration under the Fair Work Act. The court had to consider if the agreement contained all the required terms, if the application was lodged within the stipulated timeframe, and if the agreement was genuinely bargained between the parties. The court also needed to assess if the agreement was likely to provide for fair and equitable terms and conditions of employment.

The court found that the application was validly made and that the agreement complied with the legislative requirements. It was satisfied that the agreement contained all the necessary terms and was genuinely the result of bargaining between the parties. The court also determined that the agreement would provide for fair and equitable terms and conditions of employment for the employees covered by it. Consequently, the court approved the collective agreement, allowing it to be registered and enforceable.

No further orders were made by the court. The approval of the collective agreement was the primary outcome of the proceedings.

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