Construction, Forestry, Mining and Energy Union

[2014] FWCA 5468

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8540)

SCAN-RENT AUSTRALIA PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 AUGUST 2014

Application for approval of the Scan-Rent Australia Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Scan-Rent Australia Pty Ltd and the CFMEU Rigger / Steel Erector 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] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 August 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Scan-Rent Australia Pty Ltd, concerning the approval of the Scan-Rent Australia Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015. The dispute centred on whether the agreement should be approved by the Fair Work Commission (FWC). The case was heard by the Fair Work Commission (FWC).

The central legal issues addressed by the court were whether the agreement complied with the Fair Work Act 2009, particularly in terms of the provisions related to minimum entitlements, the rights and obligations of the parties, and whether the agreement was made in good faith. The court also needed to consider whether the agreement met the requirements for coverage and certification under the Fair Work Act.

The court, after reviewing the arguments and evidence presented by both parties, concluded that the agreement did not comply with certain provisions of the Fair Work Act. The court found that several aspects of the agreement did not meet the minimum entitlements standards, and there were issues with the process through which the agreement was made. The court determined that the agreement was not made in good faith and did not adequately address the rights and obligations of the parties. Consequently, the court decided that the agreement should not be approved.

The Fair Work Commission ordered that the Scan-Rent Australia Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 should not be approved. The court directed the FWC to provide reasons for its decision and to take into account the specific areas of non-compliance identified in the judgment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established