Scope Safety Systems (Victoria) Pty Ltd Summary

[2021] FWCA 6564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Scope Safety Systems (Victoria) Pty Ltd
(AG2021/8047)

SCOPE SAFETY SYSTEMS (VICTORIA) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ARCHITECTURAL FEATURES AND FITTINGS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 NOVEMBER 2021

Application for approval of the SCOPE SAFETY SYSTEMS (VICTORIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the SCOPE SAFETY SYSTEMS (VICTORIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scope Safety Systems (Victoria) Pty Ltd. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Scope Safety Systems (Victoria) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute pertains to the application for approval of the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023, which was presented to the Fair Work Commission for consideration. The case was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over industrial relations matters.

The primary legal issue that the court had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included ensuring that the agreement complied with the provisions for safety net entitlements, that it did not disadvantage employees, and that it was made in good faith. The court also needed to consider if the agreement was appropriate for the employees involved, particularly in terms of its fairness and reasonableness.

In reaching its decision, the court examined the terms of the proposed agreement and the evidence presented by both parties. It considered whether the agreement provided adequate protections for employees, including minimum wages and conditions, and whether it allowed for fair and reasonable negotiations between the employer and the union. The court also took into account the specific nature of the work carried out by the employees, which involved architectural features and fittings, and the particular circumstances of the industry. Ultimately, the court found that the agreement met the necessary criteria for approval and was in the best interests of the employees. The agreement was therefore approved by the Fair Work Commission.

As a result of the court's decision, the Subcontractors Architectural Features and Fittings Enterprise Agreement 2020-2023 was approved, and its terms became legally binding between Scope Safety Systems (Victoria) Pty Ltd and the employees covered by the agreement. The court's approval signified that the agreement was fair, reasonable, and appropriate for the employees involved, and that it complied with the relevant provisions of the Fair Work Act 2009.

Scope Safety Systems (Victoria) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established