DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5199)

EDGE STEELWORKS 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 Edge Steelworks 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 Edge Steelworks 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 matter before the court involved an application for approval of the Enterprise Agreement between Edge Steelworks Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The application was brought under the Fair Work Act 2009, which provides a mechanism for approving enterprise agreements that meet certain criteria, including that they are free from prohibited content, were made in good faith and cover a relevant group of employees. The dispute centred on whether the agreement contained provisions that were contrary to the public interest or would have a significant adverse effect on employees.

The primary legal issues the court needed to address were whether the agreement contained any prohibited content, whether it was made in good faith, and whether it covered a relevant group of employees. Prohibited content includes terms that are contrary to public policy or that undermine the operation of the industrial relations system. The court also had to consider whether the agreement was made in good faith, which requires that the parties genuinely sought to negotiate and reach an agreement. Finally, the court needed to determine if the agreement covered a relevant group of employees, meaning a group of employees who would be covered by the agreement and who are not already covered by another agreement.

The court found that the agreement did not contain any prohibited content and was made in good faith. The agreement covered a relevant group of employees, specifically riggers and steel erectors employed by Edge Steelworks Pty Ltd. The court was satisfied that the agreement met all the necessary criteria for approval and did not contain any provisions that would be contrary to the public interest or have a significant adverse effect on employees. As a result, the court approved the Enterprise Agreement, allowing it to be registered and enforceable under the Fair Work Act 2009.

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