Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8010)

TO THE TOP 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 To The Top Scaffolding Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the To The Top 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

The matter before the Fair Work Commission involved an application for approval of a collective agreement between To The Top Scaffolding Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred around the terms and conditions outlined in the proposed agreement, which sought to govern the employment relationship between the union and the company over the specified period. The Commission was tasked with ensuring that the agreement complied with relevant legislative standards and did not unfairly disadvantage either party.

The legal issues at the heart of this case revolved around the interpretation and compliance of the collective agreement with the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the requirements for being "registered" under the Act, including whether it contained provisions that were consistent with the Fair Work (Registered Organisations) Act 2009. The Commission also had to determine whether the agreement adequately covered the necessary minimum terms and conditions, and whether it was free from any provisions that could be considered contrary to public policy or otherwise unenforceable.

In examining the agreement, the Commission took into account the provisions of the Fair Work Act, which mandates that agreements must be fair and reasonable, and must not include terms that are less favourable than the applicable awards or the National Employment Standards. The Commission noted that the agreement contained provisions that were generally in line with the statutory requirements. However, it identified certain clauses that appeared to be less favourable than the corresponding award provisions. After careful consideration, the Commission concluded that these clauses did not significantly undermine the overall fairness of the agreement and were therefore acceptable. Consequently, the Commission approved the agreement, recognising its compliance with the legislative standards and its potential to provide a fair framework for the employment relationship between the union and the company.

The final orders of the Commission were to approve the To The Top Scaffolding Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016, subject to the specific terms and conditions outlined in the agreement. This decision ensures that the agreement will be legally binding on both parties and will govern their employment relationship over the specified period.

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