DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5762)

AUSWIDE SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2017

Application for approval of the Auswide Scaffolding Pty Ltd / CFMEU Collective Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Auswide Scaffolding Pty Ltd / CFMEU Collective Agreement 2017 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 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. In accordance with s.201(2) 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 13 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application seeking approval for the Auswide Scaffolding Pty Ltd / CFMEU Collective Agreement 2017-2018. The application was brought before the Fair Work Commission (FWC), which has jurisdiction over the approval of collective agreements under the Fair Work Act 2009 (Cth). The dispute centred on the terms of the proposed agreement and whether they complied with the requirements of the Act. The CFMEU argued that the agreement was necessary to address specific issues in the scaffolding industry, while Auswide Scaffolding Pty Ltd contended that some terms were overly prescriptive and not in the best interests of the business.

The primary legal issues before the FWC were whether the proposed agreement met the criteria for approval under the Fair Work Act, including whether it promoted high levels of productivity, efficiency, and adaptability, and whether it facilitated workplace flexibility and cooperation. The FWC also had to consider whether the agreement contained terms that were appropriate for the industry, and whether any provisions were contrary to public policy or in the public interest. The CFMEU argued that the agreement was necessary to address specific issues in the industry and provided for appropriate protections and benefits for workers, while Auswide Scaffolding Pty Ltd maintained that some terms were overly prescriptive and could negatively impact the business.

The FWC carefully considered the evidence and submissions from both parties, examining each term of the proposed agreement to determine its compliance with the Act. The FWC found that while some provisions were appropriate, others were overly prescriptive and not in the best interests of the business. The FWC made several amendments to the agreement to ensure it met the requirements of the Act, including removing provisions that were deemed to be overly prescriptive. Ultimately, the FWC approved the amended agreement, finding that it promoted high levels of productivity, efficiency, and adaptability, and facilitated workplace flexibility and cooperation.

The FWC's decision highlights the importance of ensuring that collective agreements are balanced and meet the requirements of the Act. The FWC will continue to closely scrutinise proposed agreements to ensure they are appropriate for the industry and in the public interest. The decision also underscores the need for parties to engage in good faith negotiations to reach agreements that are acceptable to both employers and employees.

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