DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/451)

RIGGER CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Rigger Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Rigger Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) 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, Mining and Energy Union. 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, 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 2 March 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Rigger Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute arose from the negotiation and terms of this enterprise agreement which governs the employment conditions of Rigger Contracting Pty Ltd's employees in Victoria. The matter was heard by the Fair Work Commission, which has jurisdiction over such employment-related disputes.

The primary legal issue before the Commission was whether the terms of the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms, and whether it was free from any unlawful content. The Commission also needed to determine if the agreement was made in good faith and whether it complied with the mandatory provisions set out in the Act.

The Fair Work Commission evaluated the evidence and submissions from both parties, considering the nature of the industry, the bargaining positions of the employer and the union, and the overall fairness of the agreement's terms. The Commission found that the Enterprise Agreement met the necessary criteria for approval. It concluded that the agreement provided for fair and reasonable terms, was free from any unlawful content, and was made in good faith. The Commission approved the Enterprise Agreement, highlighting that it balanced the interests of both parties while adhering to the legislative requirements.

The Commission made an order approving the Rigger Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was deemed to be in compliance with the statutory requirements and was valid and enforceable. The decision confirmed the importance of fair and reasonable terms in enterprise agreements, ensuring that both employers and employees are treated equitably under the law.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established