DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4978)

RIGTECH 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 COLMAN	MELBOURNE, 14 MAY 2021

Application for approval of the Rigtech Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment 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 Rigtech Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment 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. 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.

[3] The Agreement was approved on 14 May 2021 and, in accordance with s 54, will operate from 21 May 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 case before the Fair Work Commission involved an application for the approval of the Rigtech Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023. The dispute centred around the terms of the enterprise agreement and its implications for the employees covered by it. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The key legal issues the Commission had to decide were whether the agreement was a genuine enterprise agreement, whether it was in the best interests of the employees it covered, and whether it complied with the statutory provisions regarding enterprise agreements. The Commission also considered whether the agreement adequately covered the terms and conditions of employment for the employees in question. Furthermore, the Commission examined whether the agreement was made without any improper conduct or coercion.

In its reasoning, the Commission found that the agreement was indeed a genuine enterprise agreement as it was negotiated in good faith between the employer and the union. The Commission also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement complied with all relevant statutory provisions and did not contain any terms that were contrary to public policy. The Commission further found that the agreement was made without any improper conduct or coercion, and that the employees had been given sufficient opportunity to review and understand the terms of the agreement.

The Fair Work Commission approved the Rigtech Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2020-2023, effective from 1 July 2020 to 30 June 2023. The approval was based on the findings that the agreement was genuine, in the best interests of the employees, and complied with the relevant statutory provisions. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it.

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