DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6175)

SCAN-RENT AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MASTER CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Scan-Rent Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Scan-Rent Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment 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 14 October 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

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEUP), sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement, if approved, would apply to employees of Scan-Rent Australia Pty Ltd. The dispute centred on whether the FWC should approve the agreement given certain procedural issues raised by the respondent, Scan-Rent Australia Pty Ltd. The FWC, as constituted by one Commissioner, heard and determined the application.

The central legal issue before the Commission was whether the enterprise agreement should be approved, considering the procedural concerns raised by the respondent. These concerns included whether the agreement had been genuinely bargained for and whether the applicant had followed the necessary procedures in seeking approval. The FWC examined the evidence provided by both parties and the application of the relevant legislative provisions, including section 230 of the Fair Work Act 2009.

The FWC, after reviewing the evidence and the submissions, found that the enterprise agreement had been genuinely bargained for and that the applicant had followed the necessary procedures in seeking approval. The FWC noted that there was no evidence of any coercion or unfairness in the bargaining process. Furthermore, the FWC concluded that the respondent's procedural concerns did not undermine the validity of the agreement. Consequently, the FWC approved the enterprise agreement.

The FWC's decision was based on a careful consideration of the evidence and the application of the relevant legal principles. The Commission found that the agreement met the criteria for approval under the Fair Work Act 2009 and that the procedural concerns raised by the respondent did not warrant disapproval. As a result, the FWC approved the Scan-Rent Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment Enterprise Agreement 2016-2018.

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