Construction, Forestry, Mining and Energy Union

[2013] FWCA 1757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5588)

QWS SCAFFOLD SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 MARCH 2013

Application for approval of the QWS Scaffold Services Pty Ltd and CFMEU Union Collective Agreement 2011-2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 March 2013 by Construction, Forestry, Mining and Energy Union for the approval of a Greenfields agreement known as the QWS Scaffold Services Pty Ltd and CFMEU Union Collective Agreement 2011-2015. (“the Agreement”)

Statutory declarations were provided by:

● Mr W Balchin, Director of QWS Scaffold Services Pty Ltd

● Mr D. Hanna, Secretary, of the Construction, Forestry, Mining and Energy Union. (“CFMEU”)

[2] In light of the statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of a proposed collective agreement with QWS Scaffold Services Pty Ltd for the period 2011 to 2015. The CFMEU sought approval of the collective agreement as a registered union agreement under the Fair Work Act 2009. QWS Scaffold Services Pty Ltd did not oppose the application but sought clarification and modifications to certain provisions of the agreement to ensure compliance with the Fair Work Act.

The central legal issues before the Commission were whether the proposed collective agreement complied with the requirements of the Fair Work Act, including whether it adhered to the provisions regarding minimum entitlements, the avoidance of adverse action, and the protection of employees' rights. The CFMEU argued that the proposed agreement was consistent with the Act, while QWS sought clarification on certain aspects to ensure that any approved agreement would not inadvertently breach the statutory provisions.

In its decision, the Fair Work Commission carefully examined the proposed agreement, finding that while the majority of the provisions were compliant with the Fair Work Act, certain clauses needed amendment to ensure adherence to the statutory requirements. The Commission noted that some provisions regarding employee entitlements and protections required refinement to ensure clarity and to prevent potential breaches. The Commission then made several specific amendments to the agreement to address these concerns. The CFMEU and QWS were given an opportunity to review and respond to the amended agreement.

The final orders of the Commission included the approval of the collective agreement, subject to the modifications made by the Commission. The approved agreement was to be registered under the Fair Work Act, providing a legally binding framework for the employment relationship between QWS Scaffold Services Pty Ltd and its employees represented by the CFMEU for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established