DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7196)

SCOOTER COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 DECEMBER 2016

Application for approval of the Scooter Commercial Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Scooter Commercial Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 8 December 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a collective agreement between Scooter Commercial Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard by the Fair Work Commission (FWC), an Australian federal statutory authority, responsible for the administration of workplace relations legislation. The primary dispute centred on whether the collective agreement, which sets out terms and conditions of employment for employees of Scooter Commercial, met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC involved whether the collective agreement complied with the statutory prerequisites for approval, including whether it was free from any improper conduct and whether it contained terms that were necessary to prevent or mitigate an industrial dispute. Additionally, the FWC had to consider whether the agreement provided a fair balance between the interests of the employer and employees, ensuring that it did not undermine the safety net of minimum entitlements provided by the National Employment Standards and modern awards.

In determining the application, the FWC evaluated the provisions of the collective agreement against the legislative criteria. It examined whether the agreement contained terms that were necessary to prevent or mitigate an industrial dispute and whether it struck a fair balance between the interests of the parties. The FWC concluded that the agreement met the statutory requirements for approval, finding no evidence of improper conduct and confirming that the agreement provided for a fair balance of interests. As such, the FWC approved the collective agreement, recognising it as a valid and binding instrument under the Fair Work Act.

The final orders of the FWC approved the collective agreement between Scooter Commercial Pty Ltd and the CFMEU, effective from the stipulated dates. The agreement was recognised as a valid and enforceable instrument, with the terms and conditions set out therein applying to the employees of Scooter Commercial. This decision ensured that the agreement would operate in accordance with the statutory framework and protect the rights and interests of both the employer and 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