DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4730)

SMITH ANDERSON RIGGING & WELDING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 DECEMBER 2019

Application for approval of the SMITH ANDERSON RIGGING & WELDING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the SMITH ANDERSON RIGGING & WELDING PTY LTD and the CFMEU (Victorian Construction and General Division) 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 25 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Smith and Anderson Rigging & Welding Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019-2020. The application was made under the Fair Work Act 2009, seeking the court's endorsement of the agreement as a registered instrument. The dispute centred on whether the agreement met the necessary criteria for registration as stipulated by the Act, including whether the agreement had been made in good faith and whether it provided for the proper protection of employees' interests.

The court was required to determine if the agreement was fair and whether it complied with all relevant provisions of the Act. This involved examining the bargaining process, the content of the agreement, and whether any mandatory provisions of the Act had been contravened. Key issues included the negotiation process, the fairness of the terms, and whether the agreement provided for proper protections and entitlements for employees. The court also needed to consider if the agreement adhered to the "better off overall test," ensuring that employees would be no worse off financially by the terms of the agreement compared to their previous conditions.

The court found that the agreement had been made in good faith and contained terms that were fair and reasonable. It was noted that the negotiation process had been thorough and that the agreement provided adequate protections for employees. The court was satisfied that the agreement met the "better off overall test" and did not contravene any mandatory provisions of the Act. Consequently, the court approved the agreement, finding it to be fair and appropriate for registration. The final orders of the court confirmed the registration of the enterprise agreement as a registered instrument, effective from the specified period.

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