DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6542)

EDGE STEEL WORKS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 AUGUST 2021

Application for approval of the Edge Steel Works Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Edge Steel Works Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[5] The Agreement was approved on 11 August 2021 and, in accordance with s 54, will operate from 18 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Enterprise Agreement between Edge Steel Works Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector. The application was made under the Fair Work Act 2009. The applicants argued that the proposed agreement should be approved as it was considered to be in the best interests of the employees covered by the agreement.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement contained terms and conditions that were fair and reasonable, and if it provided for a safety net of minimum wages and conditions. The court also had to consider if the agreement was in the best interests of the employees and if it complied with the requirements of the Act.

The court found that the agreement was fair and reasonable, and provided for a safety net of minimum wages and conditions. The court noted that the agreement contained provisions for minimum wage rates, leave entitlements, and other employment conditions that were consistent with industry standards. The court also found that the agreement was in the best interests of the employees, as it provided for a number of benefits, including increased wages and improved working conditions. The court was satisfied that the agreement complied with the requirements of the Act, including the requirement for genuine bargaining and the need for the agreement to be in writing.

As a result, the court approved the Enterprise Agreement between Edge Steel Works Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector. The agreement will now be registered and will apply to the employees covered by the agreement for the period of 2020-2023.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established