DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1674)

AUJ MASTERS 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, 21 MAY 2018

Application for approval of the AUJ Masters 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 AUJ Masters 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 28 May 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

The applicants, AUJ Masters Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), applied to the Fair Work Commission for the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018. The union submitted that the agreement was a protected action bargaining agreement, protected by the Fair Work Act 2009. The employer contended that the agreement was not protected action bargaining as it was not in relation to an existing enterprise agreement. The Commission was required to determine whether the agreement was a protected action bargaining agreement, and therefore protected from the employer's right to take protected action under section 393 of the Fair Work Act.

The Commission found that the agreement was a protected action bargaining agreement. It was in relation to an existing enterprise agreement, being the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) General Division Enterprise Agreement 2016-2018. The agreement related to the same subject matter and parties as the existing agreement and contained terms that were consistent with the existing agreement. The agreement was therefore protected from the employer's right to take protected action under section 393 of the Fair Work Act. The Commission approved the agreement.

The Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018 and declared that it was a protected action bargaining agreement. The employer's right to take protected action under section 393 of the Fair Work Act was consequently restricted.

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