DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6452)

RENRON AUSTRALIA 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, 10 AUGUST 2021

Application for approval of the RENRON AUSTRALIA 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 RENRON AUSTRALIA 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 17 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Renron Australia Pty Ltd applied to the Fair Work Commission for approval of the RENRON AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The CFMEU claimed that the agreement was a simple and fair enterprise agreement that reflected the parties’ negotiated agreement. Renron Australia Pty Ltd opposed the application on the basis that the agreement contained provisions which were not fairly and reasonably negotiated and that the agreement contained provisions that were not in the best interests of the employees. The dispute was heard by the Fair Work Commission, which was required to determine whether the application for approval of the enterprise agreement should be approved. The Commission held that the application for approval should be approved. The Commission found that the provisions in question were fairly and reasonably negotiated, and that they were in the best interests of the employees. The Commission noted that the provisions reflected the parties’ negotiated agreement, and that the employees would benefit from the provisions.

The Commission concluded that the application for approval should be approved, and that the RENRON AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 should be approved. The Commission certified the agreement as a registered enterprise agreement, effective from 1 July 2020. The parties are now bound by the terms of the agreement, and the agreement will remain in force until it is terminated or replaced by a new agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established