DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3319)

FEDERATION SCAFFOLDING PTY LTD T/AS FEDERATION CONSTRUCTION SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 AUGUST 2017

Application for approval of the Federation Scaffolding Pty Ltd T/As Federation Construction Services and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Federation Scaffolding Pty Ltd T/As Federation Construction Services and the CFMEU (Victorian Construction and General Division) 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 23 August 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 matter before the Fair Work Commission concerned an application for the approval of an enterprise agreement between the Federation Scaffolding Pty Ltd, trading as Federation Construction Services, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The enterprise agreement, spanning from 2016 to 2018, was submitted for the Commission’s endorsement, which is a prerequisite for its enforceability under the Fair Work Act 2009.

The central legal issues that the Commission had to resolve involved whether the enterprise agreement met the procedural and substantive requirements set out in the Fair Work Act. This encompassed an examination of whether the agreement was fairly negotiated, the extent to which it complied with the relevant industrial instruments, and whether it was in the best interests of the employees it was intended to cover. Additionally, the Commission assessed whether the agreement contained the necessary minimum terms and conditions as mandated by the Fair Work Act.

In deliberating on these issues, the Commission carefully considered the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the implications for the employees. The Commission found that the enterprise agreement was fairly negotiated, met all procedural requirements, and contained the mandated minimum terms and conditions. It was also deemed to be in the best interests of the employees involved. Consequently, the Commission approved the agreement, recognising its compliance with the legislative framework and its benefits for the workforce.

The Fair Work Commission granted its approval of the Federation Scaffolding Pty Ltd T/As Federation Construction Services and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. This decision ensures the enforceability of the agreement under the Fair Work Act and affirms its suitability as a framework for the employment conditions of the covered employees.

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