DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6223)

VIKING REINFORCEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 JULY 2021

Application for approval of the VIKING REINFORCEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the VIKING REINFORCEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 3 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, acting on behalf of its members, applied to the Fair Work Commission for approval of the VIKING REINFORCEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The respondent, VIKING REINFORCEMENT PTY LTD, contested the application. The matter was heard by the Fair Work Commission. The primary legal issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included assessing if the agreement was genuinely negotiated, if it provided for a streamlined dispute resolution process, and if it adhered to the "better off overall test" ensuring employees were not worse off than under the applicable award.

The court considered the submissions from both parties, the negotiation process of the agreement, and the terms of the agreement itself. It was determined that the agreement had been genuinely negotiated between the union and the employer, and that it included provisions for an efficient dispute resolution process. Additionally, the court found that the agreement provided employees with conditions that were at least as good as, and in some cases better than, those provided by the applicable award, thus satisfying the "better off overall test". The court acknowledged the union's efforts to ensure that the agreement reflected the needs and interests of its members while also maintaining a cooperative relationship with the employer.

Consequently, the Fair Work Commission approved the VIKING REINFORCEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. This decision recognises the agreement as meeting the legal requirements for approval and confirms its application for the specified period. The terms of the agreement will now govern the employment conditions for the relevant employees until the agreement expires or is superseded 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

Reasons for decision

Legal Principle Established