DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/3950)

RIGCON PTY LTD TAS RIGCON ENGINEERING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MARCH 2021

Application for approval of the RIGCON PTY LTD Tas RIGCON ENGINEERING and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the RIGCON PTY LTD Tas RIGCON ENGINEERING and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers 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 22 March 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

In the recent decision of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was tasked with approving the Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023 between RIGCON PTY LTD Tas RIGCON ENGINEERING and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute arose from the terms and conditions proposed in the agreement, which were contested by the union on behalf of the employees. The commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the commission centred on whether the proposed agreement was a "single interest employer agreement" and whether it contained the minimum terms and conditions as required by the Fair Work Act. Additionally, the commission had to assess whether the agreement provided for the proper protection of employees' rights and interests, including their entitlements to wages, conditions, and other benefits. The union argued that certain provisions in the agreement did not adequately protect the employees' interests, particularly in relation to the classification of workers and the terms governing their employment.

The commission found that the proposed agreement was indeed a single interest employer agreement, as it was made between an employer and a single union. It further determined that the agreement contained the minimum terms and conditions as required by the Fair Work Act. However, the commission made some amendments to certain provisions in order to ensure proper protection of employees' rights and interests. These amendments included changes to the classification of workers and the terms governing their employment, as well as provisions relating to wages and other benefits. Following these amendments, the commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act.

In conclusion, the Fair Work Commission approved the Subcontractors Tower Crane Riggers Enterprise Agreement 2020-2023, subject to the amendments made to certain provisions. The commission found that the agreement met the criteria for approval under the Fair Work Act and provided for the proper protection of employees' rights and interests. The union's concerns regarding the classification of workers and the terms governing their employment were addressed through the amendments made by the commission.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established