DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4731)

JONATHON JAMES HOARE T/AS REDLINE STEEL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the Jonathon James Hoare T/As Redline Steel 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 Jonathon James Hoare T/As Redline Steel 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 8 August 2016 and, in accordance with s.54, will operate from 15 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the Jonathon James Hoare T/As Redline Steel and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The dispute centred on the terms and conditions of employment within the enterprise agreement. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues primarily revolved around whether the agreement complied with the Fair Work Act, specifically if it adhered to the provisions regarding enterprise agreements and if it passed the ‘better off overall test’ which ensures that employees are not disadvantaged by the agreement compared to their previous conditions. The Union argued that the agreement was fair and met all legal requirements, while the applicant raised concerns about certain provisions.

The Commission examined the agreement in detail, assessing its provisions against the legislative framework. It concluded that the agreement did indeed comply with the necessary legal standards and met the better off overall test. The Commission found that the terms and conditions were fair and reasonable, and did not adversely affect the employees’ conditions of employment. Consequently, the application for approval was successful.

The Fair Work Commission approved the Jonathon James Hoare T/As Redline Steel and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018, confirming its compliance with the Fair Work Act.

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