DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5242)

CONTRACT HOIST AND RIGGING PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MAST CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JUNE 2021

Application for approval of the CONTRACT HOIST AND RIGGING PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the CONTRACT HOIST AND RIGGING PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment 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 8 June 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 applicant, Contract Hoist and Rigging Pty. Ltd., sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made under the Fair Work Act 2009, and the Fair Work Commission heard the matter. The union opposed the application on the basis that it contained terms which were inconsistent with the Fair Work Act.

The Commission was required to determine whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, it had to assess whether the agreement was fairly negotiated, contained only allowable pay and conditions matters, and did not contain prohibited content. The union argued that certain provisions were not fairly negotiated and contained prohibited content.

The Commission found that the enterprise agreement was fairly negotiated and did not contain any prohibited content. The Commission noted that the union had not provided any evidence to support its claims and that the applicant had taken steps to ensure that the agreement was negotiated fairly. The Commission also found that the agreement contained only allowable pay and conditions matters. Therefore, the application was approved.

The Fair Work Commission approved the enterprise agreement between Contract Hoist and Rigging Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023. The agreement will now be registered and will be in effect for the period of 2020 to 2023.

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