DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6618)

ALL SCAFFOLDING 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, 31 OCTOBER 2016

Application for approval of the All Scaffolding 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 All Scaffolding 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 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Mining and Energy Union, the applicant sought approval of the All Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018. The agreement was being contested by the employer, All Scaffolding Pty Ltd, which raised concerns over the provisions of the agreement. The Fair Work Commission was the court responsible for hearing and deciding on the application.

The primary legal issues before the Commission were whether the provisions of the proposed agreement met the requirements of the Fair Work Act 2009, and if it could be said to fairly and accurately reflect the terms and conditions of employment for the employees covered by the agreement. The Commission had to determine whether the agreement provided for a fair and reasonable set of terms and conditions that were not unduly harsh, unreasonable, or discriminatory.

The Fair Work Commission found that the agreement did meet the requirements of the Fair Work Act. The Commission considered the fairness of the agreement, taking into account the nature of the industry and the specific circumstances of the employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, and did not contain any provisions that were unduly harsh, unreasonable, or discriminatory. Consequently, the Commission approved the application for the All Scaffolding Pty Ltd and the CFMEU (Victorian Construction and General Division) Contract Scaffold Enterprise Agreement 2016-2018.

In approving the agreement, the Fair Work Commission emphasised the importance of fair and reasonable terms and conditions in the construction industry, and the need for parties to negotiate in good faith to reach an agreement that is fair and reflective of the employees' terms and conditions of employment. The Commission also noted the importance of the agreement's provisions to promote productivity, efficiency, and economic prosperity in the industry.

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