DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10928)

CITYLINE SCAFFOLDING PTY LTD AND THE CFMEU SCAFFOLD YARD ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 8 JANUARY 2015

Application for approval of the Cityline Scaffolding Pty Ltd and the CFMEU Scaffold Yard Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Cityline Scaffolding Pty Ltd and the CFMEU Scaffold Yard Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] In my view, the Consultation Mechanisms provision in clause 8 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 15 January 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Cityline Scaffolding Pty Ltd and the Construction, Forestry, Mining and Energy Union Scaffold Yard Enterprise Agreement 2011-2015. The union sought approval for the agreement under the Fair Work Act 2009, aiming to establish the terms and conditions of employment for scaffolders employed by Cityline Scaffolding. The employer contested certain aspects of the agreement, particularly those related to working conditions, leave entitlements, and procedural fairness in the workplace.

The legal issues the court had to address centred on whether the proposed enterprise agreement met the requirements for registration under the Fair Work Act. Key concerns included the adequacy of provisions regarding procedural fairness, the reasonableness of working conditions, and the compliance of leave entitlements with the statutory minimum standards. Additionally, the court examined whether the agreement provided for the resolution of disputes and whether it adhered to the good faith bargaining principles stipulated by the Act.

The Fair Work Commission found that while the majority of the agreement was fair and reasonable, certain clauses needed modification to meet the statutory standards. The court emphasised the importance of procedural fairness in the workplace and required amendments to ensure that employees had adequate access to grievance and dispute resolution mechanisms. Furthermore, the Commission mandated adjustments to the leave entitlements to align with the minimum standards set out in the Act. After these adjustments, the court approved the agreement, ensuring it would provide a fair and balanced framework for the employment relationship between the parties.

The final orders of the Commission included the approval of the amended enterprise agreement with specific modifications to enhance procedural fairness and adjust leave entitlements. The court mandated that Cityline Scaffolding implement the approved agreement, ensuring all employees were informed of the changes and that the provisions were effectively integrated into their working conditions. The Commission also directed the parties to cooperate in good faith to facilitate the smooth implementation of the agreement, reinforcing the importance of maintaining a harmonious industrial relationship.

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