DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5124)

MELBOURNE STEEL ERECTORS 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, 25 AUGUST 2016

Application for approval of the Melbourne Steel Erectors 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 Melbourne Steel Erectors 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 1 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 Fair Work Commission involved an application for approval of an enterprise agreement between Melbourne Steel Erectors Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The dispute centred on the terms of the Rigger/Steel Erector Enterprise Agreement 2016-2018, specifically whether it met the criteria for approval under the Fair Work Act 2009. The Commission was tasked with assessing the agreement to determine if it complied with the requirements for a fair and efficient workplace.

The key legal issues revolved around the fairness and efficiency of the agreement, including whether it provided for a genuine resolution of bargaining issues, contained provisions for the protection of vulnerable employees, and adhered to the principles of good faith bargaining. The Commission also examined whether the agreement was consistent with the national minimum terms and conditions set out in the relevant awards and whether it met the criteria for genuine enterprise agreement under section 228 of the Fair Work Act.

The Fair Work Commission concluded that the agreement met the necessary criteria for approval. The Commission found that the agreement provided for a genuine resolution of bargaining issues and contained provisions that protected vulnerable employees. It was also determined that the agreement was consistent with the national minimum terms and conditions and adhered to the principles of good faith bargaining. The Commission approved the agreement, finding it to be fair and efficient.

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. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Melbourne Steel Erectors Pty Ltd. The Commission's decision provided certainty for both the employer and the employees regarding the terms of their employment during the period covered by the agreement.

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