Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1251)

GROUND UP RIGGING 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 JOHNS	MELBOURNE, 26 APRIL 2024

Application for approval of the GROUND UP RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the GROUND UP RIGGING 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 the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2024. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of an enterprise agreement between Ground Up Rigging Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The enterprise agreement in question pertains to subcontractor riggers and steel erectors and is set to run from 2020 to 2023. The application for approval was made under the Fair Work Act 2009, which requires that certain conditions are met before an enterprise agreement can be approved and registered.

The legal issues before the court included whether the enterprise agreement met the requirements of the Fair Work Act and whether it had been made in good faith and without coercion. Additionally, the court needed to determine if the agreement provided for appropriate mechanisms for the resolution of disputes and if it included minimum terms and conditions that were consistent with the National Employment Standards and the National Minimum Wage System.

The court considered the provisions of the Fair Work Act and the evidence presented by the parties. It found that the agreement was made in good faith and without coercion, and that it provided for appropriate mechanisms for the resolution of disputes. The court also determined that the agreement provided for minimum terms and conditions that were consistent with the National Employment Standards and the National Minimum Wage System. Therefore, the court was satisfied that the agreement met the requirements of the Act and approved the application for registration. The court's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by the parties. The court found that the agreement was fair and reasonable and provided for appropriate mechanisms for the resolution of disputes. The court also found that the agreement provided for minimum terms and conditions that were consistent with the National Employment Standards and the National Minimum Wage System. Therefore, the court approved the application for registration of the enterprise agreement.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established