Construction, Forestry, Mining and Energy Union-Victoria Branch Summary

[2013] FWCA 1756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2013/5619)

K-FORM (VIC) PTY LTD AND THE CFMEU CONTRACT SCAFFOLD ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 MARCH 2013

Application for approval of the K-Form (Vic) Pty Ltd and the CFMEU Contract Scaffold Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the K-Form (Vic) Pty Ltd and the CFMEU Contract Scaffold Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union-Victoria Branch and K-Form (Vic) Pty Ltd, which pertained to the approval of the CFMEU Contract Scaffold Enterprise Agreement 2011-2015. The union sought approval of the agreement under section 233 of the Fair Work Act 2009, asserting that it satisfied the requirements of the Act and was in the public interest. The primary legal issues the Commission had to address were whether the agreement met the standards set forth in the Fair Work Act and whether its approval would serve the public interest. The Commission considered the balance between the parties' rights and interests, the fairness of the agreement, and its implications for the broader workforce and economic environment.

The Fair Work Commission deliberated on the content of the agreement, the process by which it was negotiated, and the extent to which it aligned with the objectives of the Fair Work Act. The Commission assessed the fairness and appropriateness of the terms and conditions stipulated in the agreement, taking into account the rights and protections provided to employees, as well as the obligations and rights of employers. Additionally, the Commission examined the broader public interest implications, including the potential impact on the industry, the economy, and the workforce. After thorough consideration, the Commission determined that the agreement did meet the legislative requirements and would be in the public interest.

Following its analysis, the Fair Work Commission approved the CFMEU Contract Scaffold Enterprise Agreement 2011-2015, recognising its alignment with the Fair Work Act and its potential benefits to the public interest. The decision underscores the importance of fair and balanced enterprise agreements that uphold the rights and interests of both employers and employees while also considering the broader economic and social implications. The Commission's approval reflects a careful balance of these factors, ensuring that the agreement serves the interests of all parties involved. The Commission's final orders included the approval of the agreement, effective from the date of the decision.

Construction, Forestry, Mining and Energy Union-Victoria Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established