DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4699)

THE PECK FAMILY TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2018

Application for approval of THE PECK FAMILY TRUST (THE TRUSTEE FOR) 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 PECK FAMILY TRUST (THE TRUSTEE FOR) 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 23 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Peck Family Trust, acting as trustee, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) in relation to the Rigger/Steel Erector Enterprise Agreement 2016-2018. The primary dispute centred on the terms and conditions of employment as stipulated in the proposed enterprise agreement, and whether these terms met the legal requirements for approval under the Fair Work Act 2009.

The court was required to determine if the enterprise agreement complied with the statutory obligations set out in the Fair Work Act, including whether it met the "better off overall test" and whether it included provisions for employee protections and entitlements that were at least equivalent to those provided under the relevant national workplace laws. Additionally, the court needed to assess if the agreement was genuinely negotiated between the employer and the union representative, and if the necessary procedural fairness was observed throughout the negotiation process.

In reaching its decision, the court examined the evidence presented regarding the negotiation process and the content of the enterprise agreement. The court found that the agreement met the statutory requirements and was genuinely negotiated. The terms and conditions provided for by the agreement were deemed to be at least equivalent to the national workplace laws, and employees were found to be better off overall. Consequently, the court approved the enterprise agreement, affirming that it complied with all necessary legal standards and procedural requirements.

The final orders of the court were to approve the Rigger/Steel Erector Enterprise Agreement 2016-2018 as proposed by the Peck Family Trust and the CFMEU, with the conditions that the agreement would be registered with the Fair Work Commission and would be subject to the provisions of the Fair Work Act.

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