DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4145)

HIGHRISE BUILDING SERVICES PTY LTD 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, 24 MARCH 2021

Application for approval of the HIGHRISE BUILDING SERVICES PTY LTD 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 HIGHRISE BUILDING SERVICES PTY LTD 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 31 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Highrise Building Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The agreement was proposed as a modern award to govern the employment conditions of riggers and steel erectors in the high-rise building industry within the state of Victoria. The dispute centred on whether the agreement met the legal requirements for approval as a modern award under the Fair Work Act 2009. The issues before the Commission included whether the agreement provided for minimum rates of pay, conditions, and entitlements that were no less favourable than the applicable award and whether it contained provisions that were not contrary to public policy or inconsistent with any federal or state legislation. The Commission examined the provisions of the agreement in detail, considering the balance between the needs of employers and employees, the practicality of implementation, and compliance with legal standards. Ultimately, the Commission determined that the agreement did not meet the criteria for approval as a modern award, primarily due to certain provisions that were found to be contrary to public policy and inconsistent with federal legislation. The Commission rejected the application for approval, citing specific clauses that failed to align with statutory requirements and potentially undermining the integrity of the industrial relations framework.

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