Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8009)

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

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 14 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Safedeck 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 21 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 sought approval of a collective agreement between itself and Safedeck Scaffolding Pty Ltd. The application was made to the Fair Work Commission under section 235 of the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements of the Act, specifically regarding its fairness and the process by which it was negotiated.

The central legal issue before the Commission was whether the collective agreement was appropriately negotiated and if its terms were fair. Given the nature of the agreement and the potential impact on employees, the Commission had to consider whether the bargaining process complied with the legislative framework and whether the agreement’s terms were equitable. This involved scrutinising the negotiation process and assessing whether the agreement met the standards set by the Fair Work Act.

The Commission examined the evidence provided by both parties and concluded that the agreement was indeed fairly negotiated and its terms were reasonable. The Commission found that the process adhered to the statutory requirements and that the terms of the agreement were fair. Consequently, the application for approval was granted. The decision was based on a detailed analysis of the negotiation process and the substantive terms of the agreement, ensuring compliance with the Fair Work Act.

The Commission issued an approval of the Safedeck Scaffolding Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016, effective from the date of the decision. This approval was contingent upon the agreement being registered with the Fair Work Registry within the specified timeframe.

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