Construction, Forestry, Mining and Energy Union

[2013] FWCA 4084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6983)

PRESTIGE SCAFFOLDING SERVICES PTY LIMITED / CFMEU COLLECTIVE AGREEMENT (ACT) 2013-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 24 JUNE 2013

Application for approval of the Prestige Scaffolding Services Pty Limited / CFMEU Collective Agreement (ACT) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Prestige Scaffolding Services Pty Limited / 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 the 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 1 July 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 approval of a collective agreement between Prestige Scaffolding Services Pty Limited and the Construction, Forestry, Mining and Energy Union (ACT). The agreement, proposed for the period 2013-2016, aimed to establish terms and conditions of employment for workers under the relevant industry. The dispute centred around whether the agreement met the necessary legal requirements for approval under the Fair Work Act.

The legal issues that the Commission had to address included whether the agreement was genuinely negotiated between the parties, whether it complied with the Fair Work Act, and whether it contained appropriate provisions for minimum wages and conditions. Additionally, the Commission needed to consider if the agreement was consistent with the national workplace relations system and did not undermine the federal safety net.

In its reasoning, the Commission first assessed the negotiation process, determining that the agreement was genuinely negotiated between the parties. It then examined the content of the agreement to ensure compliance with the Act and the preservation of the federal safety net. The Commission found that the proposed agreement adhered to the required standards and did not contain any terms that would undermine the minimum standards set by the Act. Consequently, the Commission approved the agreement, confirming that it met all necessary criteria and would not prejudice the national workplace relations system.

The final orders of the Commission were that the Prestige Scaffolding Services Pty Limited / CFMEU Collective Agreement (ACT) 2013-2016 be approved, effective from the date of the decision. This approval allowed the agreement to govern the employment terms and conditions of the workers under the specified industry for the stipulated period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established