DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4630)

SPANZ STRUCTURES 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, 29 JULY 2016

Application for approval of the Spanz Structures 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 Spanz Structures 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 5 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Spanz Structures Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for approval of their Enterprise Agreement 2016-2018. The applicants sought to establish terms and conditions for riggers and steel erectors employed by Spanz Structures. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the fair remuneration and conditions for employees, whether the agreement complied with the process requirements under the Fair Work Act, and if the agreement was made in good faith and without coercion. The Commission also had to determine whether the agreement satisfied the "better off overall test" (BOOT), ensuring that employees were no worse off than under their previous conditions of employment.

In assessing the application, the Commission reviewed the negotiation process and the provisions of the agreement. It found that the agreement had been negotiated in good faith, with no evidence of coercion. The Commission considered the fairness of the proposed terms and conditions, including pay rates, hours of work, and other employment conditions. It determined that the agreement met the BOOT and provided employees with fair and reasonable terms and conditions of employment. The Commission approved the agreement, finding that it complied with all legal requirements and was beneficial for the employees.

The Commission's final order was the approval of the Spanz Structures Pty Ltd and CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. This decision confirmed the agreement as a legally binding instrument governing the employment terms of riggers and steel erectors at Spanz Structures 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