DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5173)

APS INDUSTRIAL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the APS Industrial Services 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 APS Industrial Services 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, 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 5 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018 between APS Industrial Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The core of the dispute centred on whether the proposed enterprise agreement met all the statutory requirements for approval, particularly in terms of its alignment with the provisions of the Fair Work Act and the Fair Work Regulations.

The court had to address several legal issues, including whether the agreement adequately provided for the pay and conditions of employees, whether it complied with the provisions regarding the avoidance of industrial action, and if it contained all the necessary information as required by the Act. Additionally, the court examined whether the agreement was made in good faith and whether it included provisions for the resolution of disputes.

The Fair Work Commission found that the agreement substantially complied with the statutory requirements. It was determined that the agreement provided for fair and reasonable pay and conditions, contained provisions to avoid industrial action, and included all the necessary information. The Commission also concluded that the agreement was made in good faith and provided for the resolution of disputes. Consequently, the application for approval was granted, and the enterprise agreement was approved.

The final orders of the Commission included the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018, effective from the date of the decision, with the terms and conditions as set out in the agreement. The Commission also directed that the agreement be registered and published as required by the Fair Work Act.

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