DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3288)

SYNERGY ACCESS UNIT TRUST (THE TRUSTEE FOR) T/AS SYNERGY ACCESS SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 SEPTEMBER 2019

Application for approval of the SYNERGY ACCESS UNIT TRUST (THE TRUSTEE FOR) T/As SYNERGY ACCESS SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the SYNERGY ACCESS UNIT TRUST (THE TRUSTEE FOR) T/As SYNERGY ACCESS SOLUTIONS 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.

[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 23 September 2019. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Synergy Access Unit Trust, trading as Synergy Access Solutions Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement contained the minimum terms and conditions as required by law, and whether it complied with the good faith bargaining requirements. Specifically, the Commission had to assess if the agreement adequately addressed all the matters that should be included in a modern enterprise agreement and if it was the product of genuine negotiations between the parties. The Commission also needed to ensure that the agreement did not undermine the rights and protections afforded to employees under the Fair Work Act.

In reaching its decision, the Fair Work Commission reviewed the content of the enterprise agreement and the process through which it was negotiated. The Commission found that the agreement included all the mandated minimum terms and conditions and that it was the product of genuine negotiations between the parties. The Commission was satisfied that the agreement did not undermine any of the rights and protections available to employees under the Fair Work Act. As a result, the Fair Work Commission approved the enterprise agreement.

The final orders of the Commission were that the Rigger/Steel Erector Enterprise Agreement 2016-2018 be approved in its entirety. This approval signifies that the agreement is legally binding and enforceable between Synergy Access Solutions Pty Ltd and the CFMEU.

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