DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APS Industrial Systems Pty Ltd
(AG2021/4122)

APS INDUSTRIAL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 MARCH 2021

Application for approval of the APS INDUSTRIAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the APS INDUSTRIAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 APS Industrial Systems 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 29 March 2021. The nominal expiry date of the Agreement is 20 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the APS Industrial Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The applicant, APS Industrial Systems Pty Ltd, sought the commission's approval of the enterprise agreement, which aimed to regulate the terms and conditions of employment for riggers and steel erectors under the company's operations. The CFMEU (Victorian Construction and General Division) was the other party involved in the negotiation of the agreement.

The primary legal issue before the commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the best interests of the employees it covered and whether it complied with the relevant provisions of the act. The commission also had to consider whether the agreement provided a fair and efficient means of resolving workplace issues, taking into account the principles of good faith bargaining and the need for a balance between the interests of employers and employees.

The commission carefully examined the proposed agreement, considering the submissions made by both parties. It assessed the fairness of the agreement's terms and conditions, the process by which the agreement was negotiated, and the extent to which the agreement facilitated a cooperative and productive workplace environment. In reaching its decision, the commission applied the relevant legal principles and took into account the specific circumstances of the case. Ultimately, the commission found that the proposed enterprise agreement met the necessary criteria for approval and was in the best interests of the employees it covered. The commission approved the agreement, which now provides a framework for the regulation of employment terms and conditions for riggers and steel erectors under APS Industrial Systems Pty Ltd.

The final orders of the commission included the approval of the APS Industrial Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The agreement was to be registered by the Fair Work Commission and would have effect from the date of registration. The commission also ordered that the agreement be provided to all relevant parties and that it be published on the Fair Work Commission's website. These orders effectively gave legal force to the agreement, ensuring that it would govern the employment terms and conditions of the relevant employees.

APS Industrial Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established