Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8013)

ROVERA SCAFFOLDING PTY LTD / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 20 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Rovera Scaffolding Pty Ltd / 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 27 August 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Construction, Forestry, Mining and Energy Union filed an application for approval of a collective agreement between Rovera Scaffolding Pty Ltd and CFMEU. The agreement sought to establish terms and conditions of employment for workers in the scaffolding industry. The dispute centred on the validity and fairness of the proposed agreement, with particular attention to whether it complied with relevant industrial relations laws.

The legal issues before the commission involved determining whether the agreement met the statutory criteria for approval, including whether it was made in good faith, whether it provided for genuine collective bargaining, and whether it met the standards of procedural fairness. The union argued that the agreement was fair and just, while Rovera Scaffolding contested certain provisions, claiming they were not in the best interest of the company and its employees.

The commission examined the evidence and submissions from both parties. It found that the agreement was made in good faith and provided for genuine collective bargaining. The commission noted that while some provisions were contentious, they did not render the agreement unfair or unjust. The commission ultimately concluded that the agreement met the necessary standards for approval under the Fair Work Act.

The Fair Work Commission approved the Rovera Scaffolding Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016. The decision was based on the commission's finding that the agreement was made in good faith, provided for genuine collective bargaining, and met the necessary procedural fairness standards.

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