Construction, Forestry, Maritime, Mining and Energy Union Summary

[2019] FWCA 6926

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3659)

COMPLETE RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 8 OCTOBER 2019

Application for approval of the COMPLETE RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018.

An application has been made for approval of an enterprise agreement known as the COMPLETE RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018 (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.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018 between Complete Rigging Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), the Australian Industrial Relations Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The union had applied for the agreement to be registered with the Fair Work Commission, which would make it a legally binding enterprise agreement.

The central issue before the court was whether the agreement met the requirements of section 230 of the Fair Work Act. Specifically, the court needed to assess if the agreement provided for fair and reasonable terms and conditions for the employees covered by it, and if it was free from any unfair provisions. This involved examining the agreement's provisions regarding wages, hours of work, and other terms and conditions of employment, as well as any other matters that might impact the employees' rights or obligations.

The court determined that the agreement was fair and reasonable, as it provided for appropriate wages, leave entitlements, and other terms that were in line with industry standards. The court found that the agreement was not unfair in any respect and met the necessary criteria for approval under the Fair Work Act. The court took into account the bargaining positions of the parties, the nature of the industry, and the overall fairness of the agreement's provisions. Based on this analysis, the court approved the Rigger/Steel Erector Enterprise Agreement 2016-2018.

The court ordered that the agreement be registered with the Fair Work Commission, making it a legally binding enterprise agreement between Complete Rigging Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The registration of the agreement ensures that the terms and conditions set out in the agreement will apply to the employees covered by it, and that any disputes arising from the agreement will be resolved in accordance with the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established