DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4491)

SA STRUCTURAL HIRE 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, 20 JULY 2016

Application for approval of the SA Structural Hire 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 SA Structural Hire 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 20 July 2016 and, in accordance with s.54, will operate from 27 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between SA Structural Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission. The enterprise agreement in question was the SA Structural Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The main legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and whether it complied with the good faith bargaining provisions.

The Fair Work Commission examined the evidence and submissions from both parties to assess the agreement's compliance with the legislative requirements. The Commission considered the nature of the bargaining process, the terms and conditions of the agreement, and its overall impact on the parties involved. The Commission found that the agreement had been made in good faith and that it was in the public interest, as it provided for a fair and reasonable resolution of the bargaining issues. The Commission also noted that the agreement addressed various aspects of employment, including wages, hours of work, and other conditions, and that it provided for adequate protections for employees.

The Fair Work Commission approved the enterprise agreement, finding it to be compliant with the requirements of the Fair Work Act 2009. The Commission recognised the importance of the agreement in providing a fair and reasonable resolution of the bargaining issues between the parties, and it considered that the agreement was in the public interest. The Commission's decision provides clarity for employers and employees in the construction industry and sets a precedent for future enterprise agreements in the sector.

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