DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4992)

EMMLUK PTY LTD T/AS PAUL FYANDER SITE WELDING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 AUGUST 2016

Application for approval of the Emmluk Pty Ltd T/As Paul Fyander Site Welding 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 Emmluk Pty Ltd T/As Paul Fyander Site Welding 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Emmluk Pty Ltd trading as Paul Fyander Site Welding, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission, which has the authority to approve enterprise agreements that meet certain criteria under the Fair Work Act 2009. The legal issues before the Commission involved assessing whether the agreement was "better off overall" for the employees, whether it was free from prohibited content, and whether it complied with the procedural requirements set out in the Act.

The Commission carefully examined the terms of the agreement, considering whether it provided benefits to the employees that outweighed any detriments. The analysis included an assessment of the wages, conditions, and other provisions in the agreement. The Commission also reviewed the agreement to ensure it did not contain any prohibited content, such as terms that would undermine the operation of the Act or that were otherwise unfair. Furthermore, the procedural aspects, including whether the agreement had been appropriately negotiated and whether the necessary steps had been taken to inform and consult with the employees, were scrutinized.

After thorough consideration, the Commission found that the agreement met the statutory criteria for approval. It determined that the agreement was in the best interests of the employees, did not contain any prohibited content, and had been negotiated and procedurally sound. The Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018, allowing it to come into effect as per its terms. This decision ensures that the agreement will legally govern the employment conditions between the union and the employer for the specified period.

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