DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6749)

TAURUS SCAFFOLD PTY LTD AND CFMEU UNION COLLECTION AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 NOVEMBER 2016

Application for approval of the Taurus Scaffold Pty Ltd and CFMEU Union Collection Agreement 2015 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the Taurus Scaffold Pty Ltd and CFMEU Union Collection Agreement 2015 - 2019 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Taurus Scaffold Pty Ltd, an application for approval of the Taurus Scaffold Pty Ltd and CFMEU Union Collection Agreement 2015-2019 was heard before the Fair Work Commission. The dispute centred around the validity and enforceability of the agreement, which was intended to govern the relationship between the applicant and the Construction, Forestry, Mining and Energy Union (CFMEU). The crux of the matter was whether the agreement met the requisite standards under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it adhered to the procedural requirements set forth in the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it complied with the terms and conditions outlined in the relevant industrial instruments.

The Commission found that the agreement was indeed a genuine enterprise agreement that was made in good faith and complied with the procedural requirements of the Fair Work Act. It was determined that the agreement was in the best interests of the employees as it provided fair and reasonable terms and conditions. The Commission approved the agreement based on these findings, highlighting the satisfactory balance between the rights and interests of both the employer and the employees. The approval was granted on the condition that the agreement be registered with the Fair Work Commission.

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