DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6297)

Z & M VOLAREVIC GROUP PTY LTD T/AS INSTA SCAFF AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Z & M Volarevic Group Pty Ltd T/As Insta Scaff 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 Z & M Volarevic Group Pty Ltd T/As Insta Scaff 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.

[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 20 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between Z & M Volarevic Group Pty Ltd, trading as Insta Scaff, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The proposed agreement was the Contract Scaffold Enterprise Agreement 2016-2018. The union had applied to the Commission for its approval, which is a necessary step under the Fair Work Act 2009 for certain types of agreements.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and whether it complied with the principles of the Fair Work system. This included assessing whether the agreement provided for a fair and efficient system of industrial relations, whether it complied with the procedural requirements of the Act, and whether it included provisions that were contrary to public policy or not in the best interests of the employees.

The Commission found that the proposed agreement did meet the necessary legal standards. It was determined that the agreement was fairly negotiated and provided for a fair and efficient system of industrial relations. The agreement included appropriate provisions for the classification of employees, their wages and conditions, and it adhered to the procedural requirements of the Fair Work Act. Furthermore, the Commission was satisfied that the agreement did not include any provisions that were contrary to public policy or detrimental to the best interests of the employees. As a result, the Commission approved the proposed agreement.

The Fair Work Commission approved the Contract Scaffold Enterprise Agreement 2016-2018, effective from the date of the decision. The approval ensures that the terms and conditions of employment for the employees of Z & M Volarevic Group Pty Ltd, trading as Insta Scaff, are governed by the agreed-upon provisions until the agreement's expiration.

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