DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/237)

COMPLETE RIGGING 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, 8 FEBRUARY 2018

Application for approval of the Complete Rigging 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 Complete Rigging 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 the 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 15 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

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018 between Complete Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division). The Fair Work Commission heard the matter and was required to decide whether the agreement met the criteria for approval under the Fair Work Act 2009. The central legal issues were whether the agreement had been made in good faith, covered employees who had genuinely agreed to it, and met other statutory requirements for approval.

The Commission found that the agreement had been made in good faith and that the employees had genuinely agreed to it. The Commission also considered the provisions of the agreement and found that they met the requirements of the Act. The Commission was satisfied that the agreement was fair and reasonable and did not undermine the protection of workers' rights. The Commission approved the agreement and made it a registered agreement under the Act.

The Commission's decision was based on a thorough analysis of the evidence and arguments presented by the parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and did not undermine the protection of workers' rights. The Commission also noted that the agreement had been made in good faith and that the employees had genuinely agreed to it.

The Commission made the Rigger/Steel Erector Enterprise Agreement 2016-2018 a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees covered by it and will regulate their terms and conditions of employment until it expires or is replaced by a new 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