Construction, Forestry, Mining and Energy Union

[2013] FWCA 861

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/215)

INNOVATION SCAFFOLDS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER CARGILL	SYDNEY, 8 FEBRUARY 2013

Application for approval of the Innovation Scaffolds Pty Ltd / CFMEU Collective Agreement 2012 -2014.

[1] An application has been made for approval of an enterprise agreement known as the Innovation Scaffolds Pty Ltd / CFMEU Collective Agreement 2012 -2014 (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 (CFMEU) on behalf of Innovation Scaffolds Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CFMEU, 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 that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 February 2013. The nominal expiry date is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Innovation Scaffolds Pty Ltd/CFMEU Collective Agreement 2012-2014. The agreement was for employees of Innovation Scaffolds Pty Ltd who were members of the CFMEU. The nature of the dispute was whether the agreement complied with the relevant industrial legislation and whether it was in the best interests of the employees.

The legal issues before the court were whether the agreement contained terms that were contrary to public policy, whether it was unfair, and whether it was in the best interests of the employees. The court was also required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The CFMEU argued that the agreement was fair and in the best interests of the employees, while the employer argued that certain terms of the agreement were contrary to public policy and unfair.

The Fair Work Commission found that the agreement was not contrary to public policy and was in the best interests of the employees. The Commission held that the agreement was fair and reasonable, and that it complied with the relevant provisions of the Fair Work Act 2009. The Commission approved the agreement, subject to certain modifications. The modifications were made to ensure that the agreement complied with the Fair Work Act 2009 and that it was fair and reasonable.

The final orders of the Fair Work Commission were that the Innovation Scaffolds Pty Ltd/CFMEU Collective Agreement 2012-2014 be approved, subject to the modifications made by the Commission. The employer and the CFMEU were required to provide written confirmation that they had received the decision and that they would implement the modifications. The agreement was to commence on the date of the decision and to remain in force until 30 June 2014, or until it was replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established