DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4066)

JC SCAFFOLDING TRUST (THE TRUSTEE FOR) T/AS JC SCAFFOLDING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 18 SEPTEMBER 2017

Application for approval of the JC Scaffolding trust (The Trustee For) T/As JC Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the JC Scaffolding trust (The Trustee For) T/As JC Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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 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 it wants the Agreement to cover it. In accordance with s.201(2) 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 25 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a proposed enterprise agreement between JC Scaffolding and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The Commission was tasked with determining whether the proposed agreement met the necessary standards for registration under the Fair Work Act 2009. The dispute centred around the adequacy of the proposed agreement in terms of its compliance with the legislative requirements and its fairness to the employees involved.

The primary legal issues before the Commission were whether the proposed agreement contained the minimum terms and conditions mandated by the Fair Work Act, and whether it was made in good faith and without coercion. Additionally, the Commission had to assess whether the agreement provided for genuine bargaining between the parties and was fair and reasonable in all its terms.

The Fair Work Commission found that the proposed agreement complied with the statutory minimum terms and conditions and was made in good faith. The Commission noted that the agreement resulted from genuine negotiations between the parties and was fair and reasonable. The Commission also highlighted that the agreement provided for appropriate protections for employees and addressed the needs of both the employer and the union. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the proposed Contract Scaffold Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This approval allows the agreement to be in force for the specified period, providing a framework for industrial relations between JC Scaffolding and the union for the duration of the agreement.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established