DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1039)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 APRIL 2020

Application for approval of the ADFINIS 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 ADFINIS 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 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 application was not accompanied by a properly witnessed statutory declaration. Pursuant to s.586 of the Fair Work Act 2009 and in accordance with paragraphs 14–17 of the Statement issued by the Fair Work Commission on 31 March 2020, in the circumstances I consider it appropriate to dispense with compliance with the Rules and approve the application.

[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 1 May 2020. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement proposed by ADFINIS Pty Ltd and the CFMEU (Victorian Construction and General Division) for the Rigger/Steel Erector Enterprise Agreement 2019-2020. The agreement was entered into under section 234 of the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions, was free from any improper conduct, and was made in good faith.

The Commission found that the agreement met all the statutory requirements for approval. The parties had demonstrated that the agreement was negotiated in good faith and was fair and reasonable. The agreement provided for terms and conditions that were consistent with industry standards, and it did not contain any provisions that would be detrimental to employees. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. Accordingly, the Commission approved the proposed agreement.

The Commission's decision highlights the importance of ensuring that enterprise agreements are negotiated in good faith and provide for fair and reasonable terms and conditions. Employers and unions must ensure that any proposed agreement meets the statutory requirements for approval under the Fair Work Act. The Commission will continue to closely scrutinise enterprise agreements to ensure that they provide for the fair treatment of employees.

The Commission approved the proposed Rigger/Steel Erector Enterprise Agreement 2019-2020, subject to certain minor modifications to comply with the Fair Work Act. The modifications included the removal of a provision that was found to be contrary to public policy and the amendment of certain provisions to ensure consistency with industry standards. The parties were directed to make the necessary modifications to the agreement and to provide a copy of the approved agreement to the Commission within 28 days of the decision.

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