DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5939)

NOYZWORX CONSTRUCTIONS 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, 29 OCTOBER 2018

Application for approval of the NOYZWORX CONSTRUCTIONS 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 NOYZWORX CONSTRUCTIONS 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 5 November 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between NOYZWORX CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The dispute was heard in the Fair Work Commission, which is responsible for making such determinations under Australian industrial relations law. The Commission was tasked with assessing whether the agreement met the necessary legal criteria for approval, including fairness, compliance with procedural requirements, and alignment with the Fair Work Act 2009.

The legal issues central to this case revolved around the procedural correctness of the bargaining process, the content of the agreement, and whether the agreement was fair and reasonable. The Commission needed to determine if the agreement was genuinely negotiated, whether it complied with the procedural requirements set out in the Fair Work Act, and if the terms of the agreement were fair and reasonable in the context of the industry and the parties involved. This involved a detailed examination of the bargaining process, the terms of the agreement, and the context in which it was negotiated.

In its decision, the Commission found that the agreement was genuinely negotiated and complied with the procedural requirements of the Fair Work Act. The terms of the agreement were considered fair and reasonable, taking into account the industry context and the specific roles of the parties involved. The Commission noted that the agreement provided for appropriate wage increases, benefits, and working conditions that were reflective of the bargaining process and the economic environment. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018 between NOYZWORX CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division), effective from the date of the decision. The approval was based on the determination that the agreement was genuinely negotiated, complied with procedural requirements, and contained terms that were fair and reasonable.

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