DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3982)

STILCON SITE 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
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JANUARY 2021

Application for approval of the STILCON SITE 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 STILCON SITE 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 22 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the STILCON SITE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought to have the enterprise agreement recognised as a registered agreement under the Fair Work Act 2009. The application was contested by STILCON SITE SERVICES PTY LTD, which raised concerns regarding certain provisions of the agreement. The Commission was tasked with determining whether the agreement met the statutory criteria for approval and whether it complied with the relevant provisions of the Act.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of section 230 of the Act, including whether it provided for the fair and reasonable terms and conditions of employment. STILCON SITE SERVICES PTY LTD argued that certain provisions of the agreement were not fair and reasonable, particularly those relating to the classification of employees and the calculation of overtime rates. The CFMEU contended that the agreement was fair and reasonable, and that the Commission should approve it. The Commission considered the arguments of both parties and examined the terms of the agreement in detail.

In reaching its decision, the Commission noted that the agreement provided for a range of terms and conditions that were fair and reasonable, including provisions relating to wages, hours of work, and leave entitlements. However, the Commission also found that certain provisions of the agreement were not fair and reasonable, particularly those relating to the classification of employees and the calculation of overtime rates. The Commission made several orders to amend the agreement to address these issues, including reclassifying certain employees and adjusting the overtime rates. The Commission concluded that, once amended, the agreement met the statutory criteria for approval and ordered that it be registered as a registered agreement under the Act.

The Fair Work Commission approved the STILCON SITE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, subject to the amendments made by the Commission. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, but that certain provisions required modification to meet the statutory criteria for approval. The Commission made several orders to amend the agreement, which were accepted by both parties. The amended agreement was registered as a registered agreement under the Fair Work Act 2009.

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