Construction, Forestry, Mining and Energy Union

[2016] FWCA 2057

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/2655)

EJT RIGGING PTY LTD AND THE CFMEU RIGGER / STEEL

ERECTOR ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 4 APRIL 2016

Application for approval of the EJT RIGGING PTY LTD and the CFMEU Rigger / Steel

Erector Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

EJT RIGGING PTY LTD and the CFMEU Rigger / Steel Erector Enterprise Agreement 2015

(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the

Act). It has been made by the 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.
[2016] FWCA 2057

[4] The Agreement was approved on 4 April 2016 and, in accordance with s.54, will

operate from 11 April 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the application for approval of the EJT RIGGING PTY LTD and the CFMEU Rigger / Steel Erector Enterprise Agreement 2015, the Construction, Forestry, Mining and Energy Union sought approval under section 185 of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval as stipulated in sections 186, 187, and 188 of the Act. The application was made by the Construction, Forestry, Mining and Energy Union, which claimed to represent the employees involved in the agreement.

The court had to determine whether the agreement satisfied the criteria set forth in the Fair Work Act, particularly whether the group of employees covered by the agreement was fairly chosen, despite the agreement not covering all employees. Additionally, the court needed to verify whether the union, as the bargaining representative, had given the necessary notice under section 183 of the Act and whether the agreement was intended to cover the union itself. The court had to consider the factors outlined in section 186(3) and 186(3A) to assess if the group of employees was fairly chosen.

Upon reviewing the application, the Commissioner concluded that the requirements of sections 186, 187, and 188 were met. The court was satisfied that the group of employees was fairly chosen, taking into account the relevant factors. Furthermore, the union had provided the necessary notice, and the agreement was intended to cover the union. Consequently, the agreement was approved and would operate from 11 April 2016 with a nominal expiry date of 30 April 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established