Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 10054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11938)

ELITE SCAFFOLDING (ACT) PTY LTD / CFMEU GREENFIELDS AGREEMENT (ACT) 2013 - 2016

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

Application for approval of the Elite Scaffolding (ACT) Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013 - 2016.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Elite Scaffolding (ACT) Pty Ltd/CFMEU Greenfields Agreement (ACT) 2013 - 2016 (the Agreement).

[2] The Agreement was made by the employer, Elite Scaffolding (ACT) Pty Ltd and the Construction, Forestry, Mining and Energy Union (the Union).

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

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] 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 matter before the court involved an application for the approval of a workplace agreement between Elite Scaffolding (ACT) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's approval of the proposed agreement which outlined the terms and conditions of employment for workers in the scaffolding industry in the ACT region for the period 2013 to 2016. The union and the employer had reached an agreement, but it required the Fair Work Commission's endorsement to become legally binding.

The primary legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it complied with the provisions regarding the making of agreements. The court had to consider whether the agreement was made in good faith, whether it provided for a fair and efficient workplace, and if it met the criteria for being a small business agreement. Additionally, the court had to assess whether the agreement was consistent with the National Employment Standards and if it provided adequate protections for employees.

In delivering its decision, the court examined the terms of the agreement and the process through which it was negotiated. The court found that the agreement was made in good faith and met the criteria for a small business agreement. It further determined that the agreement provided for a fair and efficient workplace and was consistent with the National Employment Standards. The court was satisfied that the agreement provided adequate protections for employees and that the negotiation process was fair and transparent. Consequently, the court approved the agreement, endorsing it as a legally binding enterprise agreement between the parties.

The final orders of the court were that the Elite Scaffolding (ACT) Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013 - 2016 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to be in effect from the date of the approval and would govern the employment conditions for the specified period until it was either terminated, varied, or superseded by a new agreement.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established