DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6803)

MSM 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 WILSON	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the MSM 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 MSM 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 15 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between MSM RIGGING PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement met the necessary criteria for approval, particularly in relation to the provisions governing wages, hours of work, and other conditions of employment.

The court was tasked with determining whether the agreement satisfied the requirements set out in the Fair Work Act, including ensuring it was free from prohibited content, provided for a fair and efficient workplace, and complied with the procedural fairness and good faith bargaining provisions. The court examined the specific terms of the agreement, the bargaining process, and the extent to which the agreement balanced the interests of both parties.

Upon review, the court found that the agreement met all the necessary legal criteria. The terms were deemed to be fair and reasonable, and the bargaining process was conducted in good faith. The court was satisfied that the agreement did not contain any prohibited content and adequately covered the conditions of employment as required by the Act. Consequently, the court approved the enterprise agreement, recognising its compliance with the statutory requirements.

The final order of the court was the approval of the MSM RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018, effective from the date of the court's decision. This decision provides legal certainty to both parties and establishes the terms of employment for the specified period.

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