DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10859)

DB SCAFFOLDING & RIGGING (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JANUARY 2015

Application for approval of the DB Scaffolding & Rigging (NSW) Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe DB Scaffolding & Rigging (NSW) Pty Ltd / CFMEU Collective Agreement 2014-2017 (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 matter before the Fair Work Commission involved an application for approval of a collective agreement between DB Scaffolding & Rigging (NSW) Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on the terms of the agreement, which sought to establish conditions for employees within the scaffolding and rigging sectors in New South Wales. The Commission was tasked with ensuring that the agreement complied with the relevant industrial laws and that it did not unfairly disadvantage either party.

The legal issues that the Commission had to address included whether the agreement contained all necessary provisions, whether it adhered to the Fair Work Act, and if it appropriately balanced the interests of both employers and employees. Furthermore, the Commission needed to determine whether the agreement had been genuinely negotiated and if it was in the best interests of the employees. The validity of specific clauses regarding wage increases, working hours, and dispute resolution mechanisms were also scrutinized.

In delivering its decision, the Commission examined the terms of the agreement against the statutory requirements and principles of good faith bargaining. The Commission found that the agreement was comprehensive and had been negotiated in good faith, meeting the necessary criteria for approval. The wage provisions were deemed reasonable and in line with industry standards, while the working hour arrangements were found to protect employee welfare without unduly burdening the employer. The dispute resolution mechanisms were considered effective and fair. Consequently, the Commission approved the collective agreement, finding it to be in the best interests of the employees and compliant with the Fair Work Act.

The final orders of the Commission included the approval of the DB Scaffolding & Rigging (NSW) Pty Ltd / CFMEU Collective Agreement 2014-2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to comply with its terms. The Commission also mandated that any future negotiations or variations to the agreement must follow the same principles of good faith bargaining and fair representation.

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