DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/480)

EDGE STEEL WORKS 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	SYDNEY, 11 MARCH 2020

Application for approval of the EDGE STEEL WORKS 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 EDGE STEEL WORKS 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 cfm 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 March 2020. The nominal expiry date of the Agreement is 31 March 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 the EDGE STEEL WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020. The dispute arose from negotiations between the employer and the union concerning the terms and conditions of employment for riggers and steel erectors within the company. The union argued that the agreement was fair and reasonable, while the employer contested certain provisions, primarily related to classification and pay rates.

The key legal issues before the commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the safety, health, and welfare of employees and facilitated efficient workplace practices. The commission had to examine the classification and pay provisions, ensuring they were not unfair and that they adhered to the existing industrial instruments. The parties' arguments centred on whether the agreement struck the right balance between the employees' rights and the employer's operational needs.

The commission found that the agreement was fair and reasonable. It determined that the classification and pay provisions were not unfair and were consistent with the principles of enterprise bargaining. The commission noted that the agreement provided adequate protections for the employees' safety, health, and welfare. Furthermore, the commission concluded that the agreement facilitated efficient workplace practices by maintaining clear and practical terms that both parties could implement effectively. As a result, the commission approved the enterprise agreement.

Consequently, the commission issued an order approving the EDGE STEEL WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019 - 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the specified employees for the duration of the agreement.

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