DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5984)

HJW SITE 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 MASSON	MELBOURNE, 14 JULY 2021

Application for approval of the HJW SITE WORKS 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 HJW SITE WORKS 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[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 21 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the HJW Site Works Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission (FWC) in Australia. The primary dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement complied with the requirements of the Fair Work Act, particularly whether it provided for a fair and efficient workplace, and whether it met the criteria for being a "single-enterprise agreement." The court also had to consider whether the agreement provided adequate protections and benefits for the employees, and whether it was made without any improper influence or coercion.

The Fair Work Commission found that the agreement satisfied the requirements of the Fair Work Act. The agreement was deemed to be a genuine single-enterprise agreement, as it was made between HJW Site Works Pty Ltd and the union, representing the subcontractors. The court determined that the agreement provided for a fair and efficient workplace and met the criteria for being a "single-enterprise agreement." It also found that the agreement provided adequate protections and benefits for the employees and was made without any improper influence or coercion. Consequently, the Commission approved the agreement, confirming its compliance with the relevant legislative provisions.

The final orders of the Fair Work Commission approved the HJW Site Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, affirming its validity and effectiveness.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established