Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 5672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7023)

RIGTEK 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	SYDNEY, 14 SEPTEMBER 2021

Application for approval of the RIGTEK 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 RIGTEK 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, Maritime, Mining and Energy Union. 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 21 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement between RIGTEK PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The parties were seeking to have the agreement made registrable under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements, including provisions related to minimum entitlements, pay rates, and procedural fairness.

The key legal issues addressed by the Commission were whether the agreement satisfied the "better off overall test" and whether it complied with the provisions of the Fair Work Act, particularly sections concerning the preservation of minimum entitlements and the fair and just process requirements. Additionally, the Commission examined whether the agreement met the procedural fairness standards required under the Act. The Commission's analysis involved reviewing the agreement's provisions against the legal framework and ensuring that it did not undermine the protections afforded to employees under the National Employment Standards and other minimum entitlements.

In its decision, the Fair Work Commission found that the agreement met the better off overall test and complied with the statutory requirements of the Fair Work Act. The Commission was satisfied that the agreement preserved all minimum entitlements and that the negotiation process adhered to procedural fairness standards. The Commission approved the agreement, noting that it provided for fair and reasonable terms for both employers and employees, while also maintaining the integrity of the minimum standards set out in the Act. The Commission's decision was grounded in a detailed examination of the agreement's provisions and an assessment of its compliance with the statutory framework.

The final orders of the Commission included the approval of the RIGTEK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, with specific terms and conditions detailed in the agreement. The Commission's decision provided clarity for the parties involved and set a precedent for similar agreements in the industry.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established