Scope Safety Systems (Victoria) Pty Ltd Summary

[2025] FWCA 2653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Scope Safety Systems (Victoria) Pty Ltd

(AG2025/2547)

SCOPE SAFETY SYSTEMS (VICTORIA) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SAFETY SYSTEMS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 11 AUGUST 2025

Application for approval of the Scope Safety Systems (Victoria) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027

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 Safety Systems Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Scope Safety Systems (Victoria) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 7 August 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scope Safety Systems (Victoria) Pty Ltd, a company in the construction industry, sought approval for a proposed enterprise agreement with the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009 (Cth). The Australian Building and Construction Commission (ABCC) raised objections to the agreement, arguing that it did not adequately protect the interests of subcontractors. The FWC was required to determine whether the agreement should be approved, taking into account the relevant legislative provisions and principles.

The key legal issue before the FWC was whether the proposed agreement complied with the requirements of the Fair Work Act, specifically sections 230 and 231, which mandate that enterprise agreements must meet certain conditions, including being free from prohibited content, and ensuring that the agreement does not have an adverse effect on the health and safety of workers. The FWC also had to consider whether the agreement provided adequate protections for subcontractors, as required by section 176 of the Act, which mandates that enterprise agreements must not be less favourable than the applicable awards or other industrial instruments. The FWC needed to weigh the provisions of the agreement against these legislative requirements.

After examining the agreement and the submissions from both parties, the FWC found that the proposed agreement did not sufficiently protect the interests of subcontractors, particularly in relation to safety standards and compliance with building regulations. The FWC held that the agreement did not provide adequate safeguards against potential safety risks and did not ensure that subcontractors would maintain appropriate levels of safety compliance. Consequently, the FWC did not approve the agreement, as it failed to meet the requirements of the Fair Work Act and did not sufficiently protect the interests of subcontractors. The FWC's decision was based on the need to ensure that enterprise agreements provide fair and reasonable terms and conditions for all workers, including subcontractors, and that they do not compromise workplace safety.

The FWC did not approve the proposed enterprise agreement between Scope Safety Systems (Victoria) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027. The decision highlighted the importance of ensuring that enterprise agreements provide adequate protections for all workers, including subcontractors, and that they do not compromise workplace safety. The FWC's ruling underscores the necessity for enterprise agreements to meet the statutory requirements set out in the Fair Work Act and to provide fair and reasonable terms and conditions for all parties involved.

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