DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5401)

LIFT ENGINEERING PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the LIFT ENGINEERING 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 LIFT ENGINEERING 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 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 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the LIFT ENGINEERING PTY LTD and the CFMEU Rigger / Steel Erector Enterprise Agreement 2015. The applicant, LIFT ENGINEERING PTY LTD, is a small to medium enterprise engaged in civil engineering construction, while the CFMEU is a trade union representing workers. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters, as outlined in the proposed enterprise agreement. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval, including fairness and compliance with the legislative framework.

The legal issues before the Fair Work Commission involved assessing whether the proposed enterprise agreement was procedurally and substantively compliant with the Fair Work Act 2009. Procedurally, the court needed to verify if the agreement was genuinely negotiated between the parties and if there was sufficient evidence of a genuine attempt to reach an agreement. Substantively, the court had to determine if the agreement provided for fair and reasonable terms and conditions, including adequate pay and conditions that complied with the safety and welfare provisions of the Act. The court also needed to ensure that the agreement did not unfairly discriminate against any class of employees and that it did not undermine the rights and protections provided by the Act.

The Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The Commission was satisfied with the evidence presented that demonstrated genuine negotiations between the parties and that the agreement had been reached in good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions, including appropriate pay rates and conditions that complied with safety and welfare provisions. The Commission noted that the agreement included provisions for minimum wage rates, penalty rates, overtime, leave entitlements, and other employment-related matters, all of which were deemed fair and reasonable. Consequently, the Fair Work Commission approved the LIFT ENGINEERING PTY LTD and the CFMEU Rigger / Steel Erector Enterprise Agreement 2015, finding it to be in compliance with the Fair Work Act 2009.

The Fair Work Commission made an order approving the LIFT ENGINEERING PTY LTD and the CFMEU Rigger / Steel Erector Enterprise Agreement 2015, effective from the date of the decision. The order confirmed that the agreement was to be registered with the Fair Work Commission and that it would apply to the employees covered by the agreement. The Commission's decision provided clarity and certainty for the parties involved, ensuring that the agreement would govern the employment terms and conditions for the workers represented by the CFMEU. The approval of the agreement was a significant outcome for both the employer and the union, as it provided a framework for fair and reasonable employment terms and conditions.

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