Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1591)

PREMIER CRANES & 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
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2022

Application for approval of the PREMIER CRANES & 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 PREMIER CRANES & 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 10 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, lodged an application for the approval of the PREMIER CRANES & RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The agreement was intended to establish terms and conditions of employment for riggers and steel erectors working under subcontractors in the construction, forestry, maritime, mining, and energy industries. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on whether the agreement facilitated genuine bargaining and provided adequate protections for employees.

The primary legal issues before the Commission were whether the agreement demonstrated bona fide bargaining and whether it provided appropriate protections for employees. The Commission had to examine the process by which the agreement was formed and ensure it complied with the legislative requirements. Additionally, the Commission needed to determine if the terms and conditions within the agreement were fair and reasonable, considering the industry standards and the interests of both parties involved.

In rendering its decision, the Commission found that the application for approval met the necessary criteria. It was established that genuine bargaining had occurred, as evidenced by the process and the mutual consent of the parties involved. The Commission also determined that the proposed agreement provided adequate protections for employees, including terms that were fair and reasonable in the context of the industry. As a result, the Commission approved the PREMIER CRANES & RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

The Fair Work Commission approved the agreement, setting forth terms and conditions that would apply to riggers and steel erectors employed under subcontractors in the specified industries. This decision provided clarity and legal certainty for the parties involved and established a framework for employment conditions in this sector.

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