DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5880)

R & M ENGINEERING 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, 16 JULY 2021

Application for approval of the R & M ENGINEERING 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 R & M ENGINEERING 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 23 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 case before the Fair Work Commission involves an application for the approval of the R & M Engineering Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The applicants sought approval under the Fair Work Act 2009 to ensure the agreement would be deemed a registered agreement, thereby granting it the status of a modern award. The legal issues central to the case revolved around whether the agreement met the statutory criteria for registration and whether it complied with the principles of procedural and substantive fairness.

In assessing the application, the Commission examined various aspects of the agreement, including whether it was a genuine enterprise agreement, if it had been fairly negotiated, and whether it contained the necessary minimum terms and conditions. The Commission considered submissions from both parties and relevant industry practices. It was critical to determine if the agreement adequately balanced the interests of employers and employees, ensuring it did not unfairly disadvantage either party. The Commission also had to ensure the agreement did not contravene the provisions of the Fair Work Act, including those related to procedural fairness and the protection of vulnerable employees.

The Commission concluded that the agreement met the statutory requirements for registration. It found that the agreement was a genuine enterprise agreement, fairly negotiated, and contained the necessary minimum terms and conditions. The Commission was satisfied that the agreement appropriately balanced the interests of both employers and employees, without contravening the Fair Work Act. Consequently, the Commission approved the application, and the R & M Engineering Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 was registered as a modern award.

As a result of the approval, the agreement will now have the force of a registered agreement, providing a framework for the employment conditions of riggers and steel erectors under the specified enterprise. This decision ensures that the agreement will be recognised and enforceable under the Fair Work Act, offering clarity and certainty to both employers and employees in the industry.

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