Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/635)

CONCEPT RIGGING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 27 MARCH 2023

Application for approval of the CONCEPT RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the CONCEPT RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved a dispute between Concept Rigging Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The issue at hand was the approval of the Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. This agreement sought to establish the terms and conditions of employment for subcontractors in the rigging and steel erecting industry. The central question was whether the agreement met the legal requirements for approval under the Fair Work Act.

The primary legal issues the Commission needed to resolve were whether the agreement was genuinely bargained between the parties and whether it contained the necessary provisions to be considered a safety net agreement. The Commission also needed to determine if the agreement adhered to the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. This included assessing whether the agreement provided for a minimum rate of pay, maximum weekly hours, and other entitlements that were at least equal to or better than the applicable awards or registered agreements.

The Commission found that the agreement was genuinely negotiated between the parties and contained all the necessary provisions to be considered a safety net agreement. The Commission concluded that the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission approved the Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, finding that it provided for a minimum rate of pay, maximum weekly hours, and other entitlements that were at least equal to or better than the applicable awards or registered agreements. The Commission also found that the agreement was in the best interests of the employees covered by it.

The Fair Work Commission approved the Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, effective from 1st July 2020. The agreement will apply to subcontractors in the rigging and steel erecting industry in Victoria and provides for minimum rates of pay, maximum weekly hours, and other entitlements. The Commission's decision ensures that employees in this industry are protected by a fair and reasonable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established