DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2720)

CBW CRANE HIRE & 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, 15 AUGUST 2019

Application for approval of the CBW CRANE HIRE & RIGGING 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 CBW CRANE HIRE & 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.

[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 22 August 2019. The nominal expiry date of the Agreement is 31 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018, between CBW CRANE HIRE & RIGGING PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The crux of the dispute centred on whether the proposed agreement, which was to regulate the employment conditions of riggers and steel erectors, complied with the requirements of the Fair Work Act 2009. The Commission had to determine if the agreement was appropriately negotiated and met the necessary standards for being made a registered instrument.

The legal issues the court needed to resolve were primarily whether the agreement was genuinely negotiated between the parties, whether it contained all the mandated minimum terms and conditions, and if it was fair and reasonable. The Commission considered whether the agreement was the product of genuine negotiation, which is a fundamental requirement under the Fair Work Act. It also needed to verify that the agreement incorporated all the minimum entitlements stipulated by the relevant industrial instruments and that it was fair and reasonable for all parties involved.

After thorough examination, the Commission concluded that the agreement had indeed been genuinely negotiated and contained all the required minimum terms and conditions. The Commission found that the agreement was fair and reasonable, meeting the standards set forth by the Fair Work Act. Consequently, the Commission approved the agreement, finding it to be compliant with the necessary legislative requirements. The Commission's approval meant that the agreement could be registered and would serve as the basis for the employment conditions of riggers and steel erectors under the terms specified.

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