DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division
(AG2019/3310)

TURBO RIGGING STEEL ERECTION & CRANE HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 SEPTEMBER 2019

Application for approval of the TURBO RIGGING STEEL ERECTION & CRANE HIRE 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 TURBO RIGGING STEEL ERECTION & CRANE HIRE 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 - Manufacturing Division. 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 23 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union – Manufacturing Division and TURBO RIGGING STEEL ERECTION & CRANE HIRE PTY LTD. The dispute centres around the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The central legal issues the court had to address were whether the agreement complied with the statutory requirements for enterprise agreements and whether it met the ‘better off overall test’ as stipulated by the Fair Work Act.

The Fair Work Commission examined whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and if it contained the necessary minimum terms and conditions as required by the Act. Additionally, the court assessed whether the agreement provided employees with a better overall position than they would have under the relevant award. The agreement proposed various terms and conditions, including pay rates, hours of work, and other employment-related matters. The court's analysis focused on whether these terms provided employees with improved conditions compared to those under the relevant award.

The Fair Work Commission concluded that the agreement met all the statutory requirements for an enterprise agreement. It found that the agreement was genuinely made between the union and the employer in good faith and contained all necessary minimum terms and conditions. Furthermore, the court determined that the agreement satisfied the ‘better off overall test’ as it provided employees with improved pay rates and conditions compared to the relevant award. Consequently, the Commission approved the agreement, ensuring that it would be legally binding between the union and the employer.

The final orders of the Fair Work Commission were that the Rigger/Steel Erector Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. This decision legally binds the union and the employer, and the terms of the agreement will govern the employment conditions of the employees within the specified period.

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established