DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4977)

HUTCHINSON RIGGING 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, 12 MAY 2021

Application for approval of the Hutchinson Rigging 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 application for approval of an enterprise agreement known as the Hutchinson Rigging 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 12 May 2021 and, in accordance with s 54, will operate from 19 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of the Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 with Hutchinson Rigging Pty Ltd. This was a dispute about the terms and conditions of employment for subcontractors in the rigging and steel erecting industry. The matter was heard in the Fair Work Commission, which is responsible for resolving workplace disputes in Australia.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant legislative requirements. Specifically, the Commission had to determine if the agreement met the criteria set out in the Fair Work Act 2009, including whether it was made in good faith and if it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider if the agreement was consistent with the national system of industrial determination.

The Fair Work Commission found that the proposed enterprise agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was consistent with the national system of industrial determination and was therefore eligible for approval and registration. The Commission also noted that the agreement contained provisions that were designed to ensure compliance with safety standards and protect the rights of workers. The Commission approved the agreement, and it was registered with the Fair Work Ombudsman.

The Fair Work Commission approved and registered the Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, finding it to be in compliance with the Fair Work Act 2009. The agreement will now govern the employment terms and conditions for subcontractors in the rigging and steel erecting industry for the period 2020-2023.

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