Construction, Forestry, Mining and Energy Union

[2013] FWCA 5720

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8014)

STRAIGHT UP SCAFFOLDING / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

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

Application for approval of the Straight up Scaffolding / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Straight up Scaffolding / 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 matter before the Fair Work Commission involved an application for the approval of the Straight Up Scaffolding and Construction, Forestry, Mining and Energy Union (ACT) 2013-2016 Collective Agreement. The applicant, Straight Up Scaffolding, sought to have the agreement approved under the Fair Work Act 2009 to ensure that the terms and conditions of employment for its employees were legally binding and enforceable. The Union contested the application on the basis that certain provisions within the agreement were not in compliance with statutory requirements. The Commission was tasked with determining whether the agreement met the legal standards set out in the Act.

The central legal issues that the Commission had to address were whether the provisions of the agreement were in compliance with the Fair Work Act, and whether they adhered to the principles of good faith bargaining and procedural fairness. The Union argued that the agreement failed to adequately protect employees' rights and did not reflect the principles of enterprise bargaining. The applicant, on the other hand, contended that the agreement was a fair reflection of the negotiations between the parties and was in line with the statutory requirements.

In its decision, the Commission found that while the agreement was largely compliant with the Act, certain provisions did not meet the legal standards. The Commission noted that the agreement contained terms that were not consistent with the principles of good faith bargaining and procedural fairness. The Union's concerns about the protection of employees' rights were also taken into account. After considering the submissions from both parties and the relevant legal principles, the Commission approved the agreement with some modifications to ensure compliance with the Act. The modifications were aimed at rectifying the deficiencies identified and ensuring that the agreement reflected the principles of good faith bargaining and procedural fairness.

The final orders of the Commission were that the Straight Up Scaffolding and Construction, Forestry, Mining and Energy Union (ACT) 2013-2016 Collective Agreement be approved with the modifications made to certain provisions. The modified agreement was to be registered with the Fair Work Commission and would then be legally binding on the parties. The decision provided clarity on the requirements for the approval of collective agreements and reinforced the importance of adhering to the principles of good faith bargaining and procedural fairness in enterprise bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established