DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2229)

RENRON AUSTRALIA PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 AUGUST 2020

Application for approval of the Renron Australia Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Renron Australia Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 August 2020. The nominal expiry date of the Agreement is 31 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Renron Australia Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020 in the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards and requirements as prescribed by the Fair Work Act 2009.

The central legal issue was whether the agreement adhered to the Fair Work Act's provisions, particularly concerning minimum entitlements and procedural fairness. This included scrutinising whether the agreement provided for minimum rates of pay, leave entitlements, and other conditions that complied with the Act. Additionally, the court had to examine if the process of negotiating and finalising the agreement was fair and transparent.

The Fair Work Commission deliberated on these issues, considering the evidence and submissions presented by both parties. The Commission concluded that the agreement was fair and met the necessary standards. The Commission was satisfied that the agreement provided for minimum entitlements and that the negotiation process was procedurally fair. Consequently, the application for approval was approved, and the agreement was registered.

The Commission's final orders were that the agreement be approved and registered, ensuring that it would be enforceable and recognised as a valid enterprise agreement under the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established