DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2897)

YARKER, MICHAEL T/AS SUPREME RIGGING AND DOGGING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 JULY 2018

Application for approval of the Yarker, Michael T/As Supreme Rigging and Dogging 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 Yarker, Michael T/As Supreme Rigging and Dogging 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 17 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Yarker, Michael T/As Supreme Rigging and Dogging and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The applicant union and the employer had entered into the agreement, which sought to regulate the employment terms and conditions of certain employees. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "single interest" enterprise agreement as defined in the Act. The Commission considered whether the agreement appropriately represented the interests of the employees and whether it had been made in good faith. Additionally, the Commission needed to determine if the agreement contained the necessary provisions, including minimum wage rates and other essential terms and conditions of employment.

The Commission found that the agreement was a single interest enterprise agreement as it represented the interests of the employees appropriately and was made in good faith. The Commission also held that the agreement contained all the necessary provisions, including minimum wage rates and other essential terms and conditions of employment. Therefore, the Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The Fair Work Commission approved the Yarker, Michael T/As Supreme Rigging and Dogging and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018, and it will be registered with the Commission.

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