DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6867)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 DECEMBER 2018

Application for approval of the CONTINENTAL STEEL SERVICES 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 CONTINENTAL STEEL SERVICES 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 27 December 2018. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were the Construction, Forestry, Maritime, Mining and Energy Union and Continental Steel Services Pty Ltd. The matter was before the Fair Work Commission (FWC), which was tasked with determining whether to approve the Rigger/Steel Erector Enterprise Agreement 2016-2018 between the two parties. The central issue before the FWC was whether the agreement met the statutory criteria for registration under the Fair Work Act 2009 (Cth). Specifically, the FWC needed to assess whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Act.

The FWC found that the agreement satisfied the criteria for approval. In its reasoning, the FWC noted that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The FWC also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms that were consistent with the principles of the Act. Furthermore, the FWC found that the agreement complied with the relevant provisions of the Act, including the requirement that it be certified by an independent certifier.

Based on its findings, the FWC approved the Rigger/Steel Erector Enterprise Agreement 2016-2018 between the Construction, Forestry, Maritime, Mining and Energy Union and Continental Steel Services Pty Ltd. The FWC determined that the agreement met the statutory criteria for registration and was in the best interests of the employees. The FWC also noted that the agreement provided for fair and reasonable terms of employment that were consistent with the principles of the Act. The FWC's decision to approve the agreement was based on a careful consideration of the relevant legal issues and a thorough analysis of the evidence presented by both parties.

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