DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5352)

EMPIRE STATE STEEL 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 COLMAN	MELBOURNE, 3 JUNE 2021

Application for approval of the Empire State Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Empire State Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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.

[3] The CFMMEU, 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 CFMMEU.

[4] The Agreement was approved on 3 June 2021 and, in accordance with s 54, will operate from 10 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Empire State Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, which is responsible for regulating workplace agreements in Australia. The application was brought under the Fair Work Act 2009, which provides a framework for the regulation of workplace relations and the resolution of workplace disputes.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees it covered. In particular, the Commission had to consider whether the agreement provided for a fair and reasonable process for resolving workplace disputes, whether it provided for adequate protections for employees, and whether it was consistent with the principles of the Fair Work Act. The Commission also had to consider whether the agreement was supported by a majority of the employees it covered.

In delivering its decision, the Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees it covered. The Commission found that the agreement provided for a fair and reasonable process for resolving workplace disputes, provided for adequate protections for employees, and was consistent with the principles of the Fair Work Act. The Commission also found that the agreement was supported by a majority of the employees it covered. The Commission approved the agreement, subject to certain modifications, which were designed to address minor issues identified during the course of the hearing.

The final orders of the Commission were that the Empire State Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 be approved, subject to the modifications made by the Commission. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of registration. The parties were directed to give notice of the registration of the agreement to all employees covered by the 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