DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1257)

CABRAL, MICHAEL T/AS CABRAL INDUSTRIES 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, 19 MAY 2020

Application for approval of the CABRAL, MICHAEL T/As CABRAL INDUSTRIES 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 CABRAL, MICHAEL T/As CABRAL INDUSTRIES 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 26 May 2020. The nominal expiry date of the Agreement is 31 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Rigger/Steel Erector Enterprise Agreement between Cabral Industries and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was for the period 2019-2020 and was subject to the provisions of the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the criteria for approval as a registered enterprise agreement, particularly focusing on the procedural fairness in its formation and its alignment with the Act's objectives.

The Fair Work Commission had to determine if the agreement was made in good faith and if it was fairly negotiated. This involved examining whether the union had genuinely represented the interests of its members and whether the employer had engaged in genuine bargaining. The Commission also considered if the agreement contained appropriate terms and conditions that were not contrary to the public interest or detrimental to employees' welfare. It was crucial to assess the agreement's compliance with the Fair Work Act, ensuring it did not include any terms that were contrary to the objectives of the Act, such as terms that might undermine the safety and health of employees.

In its decision, the Fair Work Commission found that the agreement was made in good faith and was the product of genuine bargaining efforts by both parties. The union had adequately represented its members, and the employer had engaged in meaningful discussions. The terms and conditions of the agreement were considered fair and reasonable, aligning with the objectives of the Fair Work Act. The Commission concluded that the agreement met the necessary criteria for approval and did not contain any provisions that were contrary to public interest or employee welfare. Consequently, the Commission approved the Rigger/Steel Erector Enterprise Agreement 2019-2020.

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