| [2024] FWCA 4059 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4452)
SCAFFOLD LOGISTICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SCAFFOLD YARD ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER PLATT | ADELAIDE, 20 NOVEMBER 2024 |
Application for approval of the SCAFFOLD LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the SCAFFOLD LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Scaffold Yard Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 20 November 2024.
The Construction, Forestry and Maritime Employees 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 this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.
COMMISSIONER
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- AGLC
- Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement Construction, Forestry and Maritime Employees Union [2024] FWCA 4059
- Case
- [2024] FWCA 4059
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission involved determining if the proposed agreement was a single-enterprise agreement, whether it met the requirements of section 185 of the Fair Work Act, and if it was in the best interests of the employees. The Commission needed to examine whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and conditions, and whether it allowed for fair and reasonable access to flexible working arrangements and other benefits.
After examining the evidence and submissions from both parties, the Commission concluded that the agreement did meet the statutory requirements under section 185 of the Fair Work Act. The agreement was deemed to be a single-enterprise agreement as it covered all employees working in the subcontractor scaffold yard of Scaffold Logistics Pty Ltd. The Commission found that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and conditions, and allowed for fair and reasonable access to flexible working arrangements and other benefits. The agreement was approved and will be registered with the Fair Work Commission.
The Fair Work Commission approved the proposed agreement and directed that it be registered. The agreement will now regulate the terms and conditions of employment for employees working in the subcontractor scaffold yard of Scaffold Logistics Pty Ltd from 2024 to 2027.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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