DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4489)

METALEX 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, 4 DECEMBER 2019

Application for approval of the Metalex 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 Metalex 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 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 11 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Metalex Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), Victorian Construction and General Division. The dispute centred around the application for approval of the Metalex Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019-2020. The case was heard by the Fair Work Commission (FWC) in Australia.

The legal issues that the court had to decide upon included whether the Enterprise Agreement complied with the relevant sections of the Fair Work Act 2009, including section 234 which deals with the approval of enterprise agreements, and section 172 which deals with the process for making an agreement. The court also had to consider whether the agreement provided adequate protections for employees and whether it was fairly negotiated.

The Fair Work Commission found that the Enterprise Agreement was in compliance with the Fair Work Act 2009 and provided adequate protections for employees. The court also found that the agreement was fairly negotiated and met the requirements of section 234. The FWC further determined that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the Metalex Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2019-2020, finding that it complied with the relevant sections of the Fair Work Act 2009 and provided adequate protections for employees. The court also found that the agreement was fairly negotiated and in the best interests of the employees.

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