DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4531)

STILCON SITE SERVICES PTY LTD T/AS MELBOURNE SITE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the Stilcon Site Services Pty Ltd T/As Melbourne Site Services 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 Stilcon Site Services Pty Ltd T/As Melbourne Site Services 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. 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 22 July 2016 and, in accordance with s.54, will operate from 29 July 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 matter before the Fair Work Commission involved an application for the approval of the Stilcon Site Services Pty Ltd T/As Melbourne Site Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with examining the agreement to determine if it complied with the relevant provisions of the Act and the Fair Work Regulations 2009.

The primary legal issues the Commission had to decide were whether the agreement contained the mandatory terms and conditions as required by section 235 of the Act, and whether it met the criteria for being a "single interest" enterprise agreement under section 227. The Commission also needed to assess whether the agreement had been fairly negotiated and whether it provided for genuine and meaningful employee representation.

The Commission found that the agreement met the requirements for approval. It contained the necessary mandatory terms and conditions and was a "single interest" enterprise agreement. The Commission was satisfied that the agreement had been fairly negotiated and provided for genuine and meaningful employee representation. As such, the Commission approved the agreement, confirming that it complied with the relevant provisions of the Act and the regulations.

The Commission's decision was that the Stilcon Site Services Pty Ltd T/As Melbourne Site Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018 was approved and would be registered with the Fair Work Commission. The agreement would then be binding on all employees and employers covered by its terms.

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