DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/295)

JEDI WELDING 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, 16 FEBRUARY 2018

Application for approval of the Jedi Welding 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 Jedi Welding 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 23 February 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Jedi Welding Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The applicant union, representing employees, and the respondent employer sought to have the proposed agreement registered under the Fair Work Act 2009. The primary issue for determination was whether the agreement met the requirements for registration, including that it provided for fair and reasonable terms and conditions of employment, and did not undermine the protection of employees’ rights and entitlements. The Court needed to consider whether the agreement provided for a fair and reasonable rate of pay, conditions of employment, and whether it contained provisions that were contrary to public policy or inconsistent with the broader protections provided by the Fair Work Act.

The Court found that the agreement was fair and reasonable in all its terms. It noted that the agreement provided for a rate of pay that was consistent with industry standards and did not undermine the protection of employees' rights and entitlements. The Court also found that the agreement contained provisions that were consistent with the broader protections provided by the Fair Work Act and did not contain any provisions that were contrary to public policy. The Court accepted that the agreement was made in good faith and was not made for the purpose of circumventing the provisions of the Fair Work Act.

Accordingly, the Court approved the agreement and registered it under the Fair Work Act. The Court made an order that the agreement be registered and that it would have effect from the date of registration. The Court also made an order that the agreement would remain in force until the earlier of the parties agreeing to vary or terminate the agreement or the agreement being terminated by operation of law. This decision provides important guidance for employers and unions on the requirements for registering an enterprise agreement and the considerations that the Court will take into account in determining whether an agreement is fair and reasonable.

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