DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/286)

KAVEL RIGGING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the KAVEL 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 KAVEL 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 26 February 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and KAVEL RIGGING PTY LTD applied to the Fair Work Commission for the approval of their enterprise agreement. The agreement was to cover riggers and steel erectors employed by KAVEL RIGGING PTY LTD. The legal issues before the Commission centred on whether the agreement met the formal requirements of the Fair Work Act 2009, and whether it provided for a fair and reasonable safety net for employees.

The Commission found that the agreement did meet the formal requirements and provided a fair and reasonable safety net. The CFMEU argued that the agreement was fair and reasonable, while KAVEL RIGGING PTY LTD maintained that the agreement provided for fair and reasonable terms and conditions. The Commission accepted that the agreement provided for fair and reasonable terms and conditions and approved the agreement.

The Commission found that the agreement provided for a fair and reasonable safety net for employees, as it provided minimum rates of pay, penalty rates, leave entitlements, and other conditions that were no less favourable than the applicable awards. The agreement also included provisions for dispute resolution, which the Commission found to be fair and reasonable. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009 and provided for a fair and reasonable safety net for employees. The orders of the Commission were that the agreement be approved and registered with the Fair Work Commission.

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