Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4599)

HI LIFT STRUCTURAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the HI LIFT STRUCTURAL 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 HI LIFT STRUCTURAL 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, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a proposed enterprise agreement between HI LIFT STRUCTURAL PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically for riggers and steel erectors in the Victorian construction and general division. The proposed agreement covered the period from 2020 to 2023 and was contested by HI LIFT STRUCTURAL PTY LTD, which raised concerns about the fairness and practicality of certain provisions within the agreement.

The central legal issues revolved around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fair and reasonable, and whether it was in the best interests of the employees covered by the agreement. The key points of contention included the wage rates, the classification of work, and the procedural fairness of the bargaining process.

In considering these issues, the Fair Work Commission examined the evidence provided by both parties. It assessed whether the proposed terms and conditions of employment were fair and reasonable, taking into account various factors such as industry standards, economic conditions, and the needs of the workforce. The Commission also scrutinised the bargaining process to ensure it was conducted in good faith and without coercion. Ultimately, the Commission found that the proposed agreement was fair and reasonable, and in the best interests of the employees, thereby granting the application for approval.

The Fair Work Commission approved the HI LIFT STRUCTURAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The decision confirmed the agreement as compliant with the relevant legislative requirements, allowing it to take effect as intended.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established