DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3682)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 AUGUST 2018

Application for approval of the HJW Site Works 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 HJW Site Works 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 24 August 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the HJW Site Works Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The primary parties involved were HJW Site Works Pty Ltd and the Union. The nature of the dispute centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the court was required to decide included whether the agreement was in accordance with the procedural requirements for enterprise agreements and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the court had to assess whether the agreement was made in good faith and if it adhered to the principles of enterprise bargaining as outlined in the legislation.

The court meticulously examined the agreement, considering the procedural steps taken to ensure that the agreement was made without coercion, undue influence, or any other unfair practices. The court also evaluated the terms of the agreement to confirm that they met the minimum standards set by the Fair Work Act, including provisions for wages, hours of work, and other employment conditions. The court found that the agreement was procedurally sound, contained all the necessary minimum terms, and was made in good faith. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the HJW Site Works Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018 be approved, and it was registered under the Fair Work Act 2009.

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