DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2627)

A & M EIGENRAAM PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 JULY 2018

Application for approval of the A & M EIGENRAAM 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 A & M EIGENRAAM 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 13 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 recent case of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was called upon to consider an application for the approval of the A & M Eigenraam Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The dispute centered around the terms and conditions of employment for riggers and steel erectors within the specified enterprise, with the union and the employer seeking to formalise their agreement through the approval process provided for under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the procedural requirements for approval, and whether the provisions within the agreement were fair and reasonable. In particular, the Commission needed to determine if the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009, including whether it adhered to the good faith bargaining principles, and whether it was free from any improper influence or coercion.

The Commission found that the agreement satisfied all procedural requirements and was fair and reasonable. The Commission acknowledged the extensive negotiations that had taken place and the willingness of both parties to reach an agreement. The Commission was satisfied that the agreement was the product of genuine and good faith bargaining, and that it provided for fair and reasonable terms and conditions of employment for the workers covered by the agreement. Consequently, the Commission approved the enterprise agreement, recognising the efforts made by both parties to reach a consensus that was fair and equitable.

The Commission's decision confirmed the approval of the A & M Eigenraam Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. This case serves as a reminder of the importance of good faith bargaining and the role of the Fair Work Commission in ensuring that enterprise agreements are fair, reasonable, and in compliance with the relevant legislative framework.

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