DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3748)

HJW SITE WORKS 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, 6 JULY 2016

Application for approval of the HJW Site Works 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 HJW Site Works 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 6 July 2016 and, in accordance with s.54, will operate from 13 July 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 (FWC) involved an application for the approval of the HJW Site Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The applicant was HJW Site Works Pty Ltd, and the respondent was the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the terms and conditions of employment for riggers and steel erectors under the proposed enterprise agreement.

The legal issues before the FWC included whether the agreement provided for a fair and reasonable standard of employment, whether it was consistent with the National Employment Standards, and whether it complied with the requirements of the Fair Work Act 2009. Additionally, the FWC had to consider whether the agreement met the 'better off overall test', ensuring that employees would be no worse off financially and potentially better off overall than if the agreement had not been made.

In delivering the decision, the FWC noted that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions. The FWC found that the agreement was consistent with the National Employment Standards and met the 'better off overall test'. The FWC was satisfied that the proposed agreement provided for a fair and reasonable standard of employment, and that it was in compliance with the Fair Work Act 2009. Consequently, the FWC approved the enterprise agreement.

The FWC's final order was the approval of the HJW Site Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. This decision affirmed the terms and conditions of the agreement, ensuring that the employees covered by the agreement would receive fair and reasonable terms of employment, consistent with the requirements of the Fair Work Act 2009.

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