Construction, Forestry, Mining and Energy Union

[2013] FWCA 10057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11945)

THE TRUSTEE FOR TN SCAFFOLDING UNIT TRUST T/A TN SCAFFOLDING / CFMEU COLLECTIVE AGREEMENT (ACT) 2013 - 2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 19 DECEMBER 2013

Application for approval of the The Trustee for TN Scaffolding Unit Trust T/a TN Scaffolding / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for TN Scaffolding Unit Trust T/a TN Scaffolding / CFMEU Collective Agreement (ACT) 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 of the Act, 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 they want the Agreement to cover them. 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 26 December 2013. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between the Construction, Forestry, Mining and Energy Union and TN Scaffolding Unit Trust, trading as TN Scaffolding, for the period 2013-2016. The dispute was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for the fair and efficient determination of workplace terms and conditions, and whether it was in the best interests of the employees it covered.

The Commission considered whether the agreement provided for an appropriate process for resolving workplace disputes, including the establishment of a dispute resolution framework. The Commission also examined whether the agreement contained provisions that were contrary to public policy or that undermined the principles of the Fair Work Act. After considering the arguments and evidence presented by both parties, the Commission determined that the agreement did meet the requirements for approval. The Commission found that the agreement provided for an effective dispute resolution process and did not contain any provisions that were contrary to public policy.

Accordingly, the Commission approved the collective agreement. The Commission noted that the agreement provided for fair and efficient determination of workplace terms and conditions and was in the best interests of the employees it covered. The Commission also found that the agreement did not undermine the principles of the Fair Work Act. The final orders of the Commission were that the collective agreement be approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established