Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1944)

COMBINED STEEL SOLUTIONS 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, 28 JUNE 2022

Application for approval of the COMBINED STEEL SOLUTIONS 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 COMBINED STEEL SOLUTIONS 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 5 July 2022. 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 case before the Fair Work Commission involves an application for the approval of an enterprise agreement between Combined Steel Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The union and the employer sought the commission's approval of the agreement, which aimed to regulate the terms and conditions of employment for riggers and steel erectors under the specified enterprise.

The central legal issue before the commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the minimum entitlements outlined in the Act and whether it was appropriately certified as a simple or low-paid enterprise agreement. Additionally, the commission had to determine if the agreement was made in good faith and whether it was properly negotiated.

The Fair Work Commission determined that the agreement was consistent with the requirements of the Fair Work Act. The commission found that the agreement satisfied the minimum entitlements, was appropriately classified as a low-paid enterprise agreement, and was made in good faith. The commission also noted that the agreement was the result of genuine bargaining between the parties. Consequently, the commission approved the enterprise agreement, effective from the date of the decision.

The Fair Work Commission approved the Combined Steel Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The agreement will now govern the employment terms and conditions for riggers and steel erectors within the specified enterprise.

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