DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5622)

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

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 24 OCTOBER 2018

Application for approval of the Clark Hoist Hire 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 Clark Hoist Hire 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 31 October 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Clark Hoist Hire Pty Ltd. The CFMEU sought approval for a proposed enterprise agreement, the Rigger/Steel Erector Enterprise Agreement 2016-2018, which had been negotiated with Clark Hoist Hire Pty Ltd. The application was brought before the Fair Work Commission (FWC), which was required to assess whether the proposed agreement complied with the relevant legislative provisions and met the criteria for approval.

The primary legal issues before the FWC were whether the agreement contained appropriate mechanisms for the resolution of future disputes, and whether it complied with the requirements of the Fair Work Act 2009 (Cth). Specifically, the FWC needed to determine if the proposed agreement met the statutory criteria for approval and if it provided fair and reasonable terms and conditions for the employees covered by the agreement. The FWC was also required to consider whether the agreement contained appropriate dispute resolution provisions and whether it was likely to promote harmonious, productive and cooperative workplace relations.

The FWC found that the proposed agreement met the statutory criteria for approval and contained appropriate dispute resolution provisions. The FWC considered that the agreement provided fair and reasonable terms and conditions for the employees covered by the agreement, and that it was likely to promote harmonious, productive and cooperative workplace relations. The FWC noted that the agreement contained a dispute resolution procedure that was effective and practical, and that it provided for the resolution of future disputes in a fair and reasonable manner. The FWC also found that the agreement contained appropriate provisions for the protection of employees' health and safety, and that it provided for the fair treatment of employees in the workplace.

The FWC approved the Rigger/Steel Erector Enterprise Agreement 2016-2018, subject to certain modifications. The modifications related to the agreement's provisions on pay rates and conditions for employees, and were made to ensure that the agreement met the requirements of the Fair Work Act 2009 (Cth). The CFMEU and Clark Hoist Hire Pty Ltd were required to implement the modified agreement, which became a registered agreement on the date of the FWC's decision.

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