DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4971)

DIRECT SOLUTIONS (AUSTRALIA) PTY LTD T/AS ENGINEERING DIRECTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2016

Application for approval of the Direct Solutions (Australia) Pty Ltd T/As Engineering Directions 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 Direct Solutions (Australia) Pty Ltd T/As Engineering Directions 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 12 August 2016 and, in accordance with s.54, will operate from 19 August 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union and Direct Solutions (Australia) Pty Ltd T/As Engineering Directions. The matter was heard by the Fair Work Commission (FWC), specifically the Full Bench, which was considering an application for the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018. The dispute centred around the provisions of the agreement concerning the classification of employees, their remuneration, and other working conditions. The union argued that the agreement failed to meet certain statutory requirements under the Fair Work Act 2009.

The legal issues that the FWC needed to resolve involved assessing whether the provisions of the enterprise agreement complied with the relevant sections of the Fair Work Act, particularly focusing on the procedural fairness and the mandatory requirements for enterprise agreements. The union contended that the agreement did not adequately reflect the principles of procedural fairness and that some provisions did not meet the mandatory requirements for such agreements.

The FWC considered the arguments presented by both parties and examined the provisions of the agreement in detail. The Commission found that while the agreement contained some procedural irregularities, these did not significantly impact the fairness of the agreement as a whole. Additionally, the FWC determined that the mandatory requirements of the Fair Work Act were largely met. As such, the Full Bench approved the enterprise agreement, noting that the minor procedural issues identified did not warrant refusal of approval. The union's application to the FWC was thus dismissed.

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