DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4578)

RONNIE SMEELIE RIGGING 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, 10 DECEMBER 2019

Application for approval of the RONNIE SMEELIE RIGGING 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 RONNIE SMEELIE RIGGING 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 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 17 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Rigger/Steel Erector Enterprise Agreement 2019-2020 with Ronnie Smeelie Rigging Pty. Ltd. The dispute centred on whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The Commission was required to determine if the agreement was a bona fide enterprise agreement, covered the necessary employees, and complied with the provisions of the Act, including those related to minimum entitlements and employee protections. The CFMEU argued that the agreement was a fair and reasonable reflection of the terms and conditions for the employees involved, while Ronnie Smeelie Rigging Pty. Ltd. did not contest the agreement but raised concerns about certain clauses' clarity and enforceability.

The Commission considered whether the agreement was made in good faith and whether it met the criteria for a genuine enterprise agreement. It examined the process by which the agreement was negotiated and whether it was made without coercion or undue influence. The Commission also assessed the agreement's coverage to ensure it applied to the appropriate employees and whether the terms were sufficiently clear and specific to be enforceable. Additionally, the Commission ensured that the agreement did not undermine the minimum standards set by the Fair Work Act, including those concerning wages, hours of work, and other conditions of employment.

Upon reviewing the evidence and submissions, the Commission found that the agreement was a bona fide enterprise agreement that met all statutory requirements. The Commission determined that the negotiation process was fair and transparent, and the agreement covered the intended employees effectively. The terms of the agreement were found to be clear and enforceable, and they did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the Rigger/Steel Erector Enterprise Agreement 2019-2020 between the CFMEU and Ronnie Smeelie Rigging Pty. Ltd.

The Commission's final order was to approve the enterprise agreement in question, thereby allowing it to come into effect from the date specified within the agreement. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between the CFMEU and the employees of Ronnie Smeelie Rigging Pty. Ltd. for 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