DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/882)

NATIONAL RIGGING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 5 APRIL 2018

Application for approval of the National Rigging Services 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 National Rigging Services 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 12 April 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 matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and National Rigging Services Pty Ltd, regarding the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018. The union sought approval for the agreement under the Fair Work Act 2009, and the employer contested the application on several grounds.

The central legal issues the Commission had to address were whether the agreement met the requirements of the Act, particularly whether it was made in good faith, and if it contained appropriate processes for resolving workplace disputes. The Commission also examined whether the agreement provided fair and reasonable terms and conditions for the employees covered by it.

In delivering its decision, the Commission considered the evidence presented by both parties and the principles established in previous cases. It found that the agreement was made in good faith, as the parties had engaged in genuine bargaining, and the terms reflected a fair and reasonable outcome for the employees. The Commission also determined that the dispute resolution processes outlined in the agreement were appropriate and would enable effective resolution of any workplace disputes that might arise. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018, finding that it was made in good faith and contained fair and reasonable terms and conditions for employees, as well as appropriate dispute resolution processes. The decision provides a clear framework for the parties to follow in their future negotiations and ensures that employees have a fair and effective means of resolving workplace disputes.

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