Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1675)

CONTINENTAL STEEL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/ STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 13 JUNE 2023

Application for approval of the CONTINENTAL STEEL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023

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) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Continental Steel Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The dispute arose from negotiations between the union and the employer over terms and conditions of employment for riggers and steel erectors within the subcontractor arrangement. The application for approval was necessary to ensure the agreement met the legal requirements and provided a fair and equitable outcome for the employees involved.

The primary legal issues the Commission had to decide were whether the agreement contained the necessary minimum terms and conditions, complied with the Fair Work Act, and was made in good faith. The Commission also needed to consider whether the agreement provided for a fair and reasonable outcome for the employees, taking into account the nature of the industry, the bargaining power of the parties, and the overall context of the agreement.

The Commission found that the agreement contained the necessary minimum terms and conditions, complied with the Fair Work Act, and was made in good faith. The Commission concluded that the agreement provided for a fair and reasonable outcome for the employees, taking into account the specific circumstances of the industry and the bargaining power of the parties. The Commission considered the evidence presented by both parties, including the nature of the work, the skills required, and the market rates for similar work in the industry. The Commission was satisfied that the agreement provided for a reasonable balance of rights and obligations for both parties and met the legal requirements for approval.

The Commission approved the agreement, confirming that it met the necessary legal standards and provided for a fair and reasonable outcome for the employees. The agreement was set to commence on the first day of the third month after the date of the decision and would remain in effect until the earlier of 31 December 2023 or the date of its termination in accordance with its terms. The approval of the agreement provided certainty for both the employer and the employees, ensuring that their rights and obligations were clearly defined and protected.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established