DB Scaffolding & Rigging Industrial Pty Ltd

[2013] FWCA 1308

FAIR WORK COMMISSION

DECISION

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

DB Scaffolding & Rigging Industrial Pty Ltd
(AG2013/386)

DB SCAFFOLDING & RIGGING INDUSTRIAL QUEENSLAND GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 MARCH 2013

Application to approve the DB Scaffolding & Rigging Industrial Queensland Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 February 2013 by DB Scaffolding & Rigging Industrial Pty Ltd for the approval of a Greenfields agreement known as the DB Scaffolding & Rigging Industrial Queensland Greenfield Agreement(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DB Scaffolding & Rigging Industrial Pty Ltd applied for the approval of the DB Scaffolding & Rigging Industrial Queensland Greenfield Agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission. The dispute involved the terms of the proposed agreement, which aimed to govern the employment conditions of workers in Queensland. The legal issues centred on whether the agreement provided for the compulsory acquisition of employees' trade union membership, whether it was unfair, and whether it complied with the requirements of the Fair Work Act.

The Commission examined the agreement to determine if it contravened section 233 of the Fair Work Act by making the acquisition of trade union membership compulsory. The Commission found that the agreement did not compel employees to join a union but rather encouraged voluntary union membership. It was held that the agreement was not unfair as it provided for a fair and equitable process for the acquisition of union membership. The Commission also considered whether the agreement complied with the procedural requirements under the Fair Work Act, finding that the agreement met all necessary criteria.

The Fair Work Commission approved the DB Scaffolding & Rigging Industrial Queensland Greenfield Agreement. The Commission determined that the agreement did not compel the acquisition of trade union membership, was not unfair, and met all procedural requirements under the Fair Work Act. The approval allows the agreement to govern the employment conditions of workers in Queensland as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established