Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 5242

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/7754)

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

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 31 JULY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Higher Up 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 7 August 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, an application was brought before the Fair Work Commission to approve a collective agreement between Higher Up Scaffolding Pty Ltd and the CFMEU. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, specifically relating to wages, working hours, and safety provisions. The Commission was tasked with ensuring the agreement complied with the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act, including whether it provided for a safety net of minimum wages and conditions, and whether it promoted the principles of enterprise bargaining. The Commission also needed to consider if the agreement provided for a fair and efficient bargaining process and if it adhered to the good faith bargaining requirement.

In delivering its decision, the Commission thoroughly examined the provisions of the agreement against the statutory requirements. The Commission found that the agreement provided for a comprehensive safety net of minimum wages and conditions, which were consistent with the principles of fairness and efficiency. It also determined that the agreement had been negotiated in good faith and promoted the objectives of the Act. Consequently, the Commission approved the collective agreement, noting its alignment with the legislative framework and its potential to foster a cooperative workplace environment.

The Fair Work Commission approved the Higher Up Scaffolding Pty Ltd / CFMEU Collective Agreement (ACT) 2013-2016, effective from the date of the decision. The approval was based on the agreement's compliance with the Fair Work Act, its provision of a safety net of minimum wages and conditions, and its adherence to the principles of good faith bargaining and enterprise flexibility.

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