Construction, Forestry, Mining and Energy Union

[2013] FWCA 5872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8011)

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

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

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

[1] An application has been made for approval of an enterprise agreement known as the Trojan 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 26 August 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for a collective agreement entered into with Trojan Scaffolding Pty Ltd. The agreement in question related to the terms and conditions of employment for employees of Trojan Scaffolding Pty Ltd within the Australian Capital Territory from 2013 to 2016. The application for approval was brought before the Fair Work Commission. The primary legal issue before the court was whether the collective agreement met the requirements of section 232 of the Fair Work Act 2009, which governs the approval process for enterprise agreements.

The court examined whether the agreement was an "enterprise agreement" as defined in the Act, and whether it had been made in accordance with the procedural requirements outlined therein. Specifically, the court considered whether the agreement had been made by a registered union and an employer, and whether the agreement had been certified by the Commission as "appropriate" for the purposes of section 232. The court also assessed whether the agreement contained the necessary provisions and whether it had been made without the influence of prohibited conduct.

In reaching its decision, the court found that the collective agreement was indeed an enterprise agreement that had been made in compliance with the procedural requirements of the Act. The agreement was certified by the Commission as "appropriate" and contained all the necessary provisions. The court concluded that the agreement had been made without any influence of prohibited conduct, and was therefore eligible for approval. The court granted the CFMEU's application for approval of the Trojan Scaffolding Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016.

As a result, the agreement became a legally binding contract between the parties, and could be enforced by the CFMEU on behalf of its members employed by Trojan Scaffolding Pty Ltd. The court's decision was significant in that it provided clarity on the requirements for approving enterprise agreements under the Fair Work Act, and reinforced the role of the Commission in facilitating the resolution of workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established