DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/698)

ALUMINIUM SCAFFOLDS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 MARCH 2017

Application for approval of the Aluminium Scaffolds (Vic) 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 Aluminium Scaffolds (Vic) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on and, in accordance with s.54, will operate from 22 March 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 the Aluminium Scaffolds (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. The primary dispute involved the terms of the proposed agreement and whether it met the necessary criteria for approval under the Fair Work Act 2009. The court was tasked with determining if the agreement provided a safety net of minimum entitlements, ensured that the agreement did not undermine the protection of workers, and whether it was fairly negotiated.

The legal issues centred on whether the agreement provided a safety net of minimum entitlements as required by section 235(1)(a) of the Act, whether it ensured that the agreement did not undermine the protection of workers as per section 235(1)(b), and whether it was fairly negotiated as stipulated by section 235(1)(c). Additionally, the court had to consider if the agreement met the requirements of section 233 of the Act, which mandates that the agreement must not have an adverse effect on employees.

The Fair Work Commission found that the agreement provided a safety net of minimum entitlements and did not undermine the protection of workers. The Commission also determined that the agreement was fairly negotiated. The court held that the proposed agreement was consistent with the statutory provisions and met all the criteria for approval. The Commission found that the agreement was appropriate for approval as it did not contravene any provisions of the Fair Work Act.

The Fair Work Commission approved the Aluminium Scaffolds (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018, effective from the date of the decision. The Commission concluded that the agreement was fair and appropriate, providing a safety net of minimum entitlements and ensuring that the rights of employees were protected.

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