DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5174)

WILLIAMS STEEL 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, 28 MAY 2021

Application for approval of the WILLIAMS STEEL 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 WILLIAMS STEEL 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 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.

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

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Williams Steel and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. This case was heard in the Fair Work Commission. The agreement in question sought to establish the terms and conditions of employment for riggers and steel erectors working as subcontractors under Williams Steel. The application was brought by the union on behalf of the employees, with Williams Steel also participating in the proceedings.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. This included ensuring that the agreement provided for the fair and efficient determination of terms and conditions of employment, and that it was free from any illegality or contravention of any provision of the Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it had been negotiated in good faith.

In reaching its decision, the Commission carefully examined the terms of the agreement and the evidence presented by both parties. It considered the nature of the work performed by the employees, the complexities involved in their roles, and the importance of ensuring fair and safe working conditions. The Commission also assessed the bargaining processes and whether they were conducted in good faith and without coercion. Ultimately, the Commission found that the agreement met the legislative requirements and was in the best interests of the employees. The Commission approved the agreement, noting the importance of maintaining a fair and efficient industrial relations system.

The Fair Work Commission approved the Williams Steel and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. This decision was made in the context of ensuring fair and efficient determination of terms and conditions of employment, and that the agreement was free from any illegality or contravention of the Fair Work Act 2009. The Commission's approval was based on a comprehensive review of the agreement's provisions, the evidence presented, and the bargaining processes involved.

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