DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6127)

ADFINIS 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 LEE	MELBOURNE, 22 JULY 2021

Application for approval of the ADFINIS 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 ADFINIS 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the ADFINIS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The parties sought to have the agreement registered as a modern award under the Fair Work Act 2009. The dispute centred on whether the proposed terms and conditions of employment were fair and reasonable, and whether they met the legal criteria for approval as a modern award.

The primary legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. The Commission had to consider whether the agreement adequately covered essential terms and conditions, provided for fair treatment of employees, and aligned with broader labour market principles. Additionally, the Commission examined whether the agreement met the requirements for being a "single, clear, and effective" document.

The Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission noted that the agreement provided for adequate protections for employees, including provisions for wages, hours of work, and other employment conditions. The Commission also found that the agreement was a single, clear, and effective document, meeting the legal requirements for approval as a modern award. The Commission emphasised the importance of the agreement in setting fair and reasonable terms for a specific group of workers, and concluded that the agreement was in the best interests of both employees and employers.

The Fair Work Commission approved the ADFINIS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 as a modern award. This decision means that the terms and conditions set out in the agreement will apply to the relevant employees and employers, providing a legally binding framework for their employment relationship. The approval of the agreement ensures that the workers in this sector will have fair and reasonable terms of employment, while also supporting the broader objectives of the Fair Work Act.

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