Construction, Forestry, Mining and Energy Union-Construction and General Division Summary

[2013] FWCA 2559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2013/953)

MAXIMUS SCAFFOLDING PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 29 APRIL 2013

Application for approval of the Maximus Scaffolding Pty Ltd / CFMEU Collective Agreement 2013 -2014 .

[1] An application has been made for approval of an enterprise agreement known as the Maximus Scaffolding Pty Ltd/CFMEU Collective Agreement 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 6 May 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the 2013-2014 Maximus Scaffolding Pty Ltd/CFME Union Collective Agreement. The applicant, Maximus Scaffolding Pty Ltd, sought approval for the agreement as a certified agreement under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable and that it met the criteria for approval as set out in the legislation.

The legal issues before the commission included whether the agreement was a genuine and bona fide agreement, whether it was in the best interests of the employees, and whether it met the requirements of the Fair Work Act. The commission had to consider the parties' bargaining power, the nature of the agreement, and whether the agreement was fair and reasonable in all its terms.

The commission found that the agreement was a genuine and bona fide agreement and that it met the requirements of the Fair Work Act. The commission noted that both parties had negotiated in good faith and that the agreement contained provisions that were fair and reasonable in all its terms. The commission also found that the agreement was in the best interests of the employees and that it provided them with protections and benefits that were consistent with the objects of the Fair Work Act. The commission approved the agreement as a certified agreement under the Fair Work Act.

The commission also made an order that the agreement would be registered with the Fair Work Commission and that it would be deemed to be a registered agreement under the Fair Work Act. The order also provided that the agreement would be binding on all employees covered by the agreement and on the employer. The order further provided that the agreement would remain in force until it was terminated or varied by a further agreement or by a decision of the Fair Work Commission.

Construction, Forestry, Mining and Energy Union-Construction and General Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established