Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 8508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/9997)

GRAVITY RIGGING & MACHINERY PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Gravity Rigging & Machinery Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Gravity Rigging & Machinery Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 5 December 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Gravity Rigging & Machinery Pty Ltd, with the dispute centering on the approval of the Gravity Rigging & Machinery Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The CFMEU sought approval of the enterprise agreement, which aimed to regulate the terms and conditions of employment for employees within the specified industry. Gravity Rigging & Machinery Pty Ltd contested certain provisions within the agreement, raising objections regarding specific clauses.

The legal issues the court had to address revolved around whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. These criteria included whether the agreement facilitated a fair and efficient workplace, whether it adhered to the provisions of the Act, and whether it was free from any unfair provisions. The court needed to determine whether the agreement adequately balanced the interests of both employers and employees, ensuring it complied with the statutory requirements and did not unduly favour one party over the other.

In its decision, the Fair Work Commission evaluated the agreement clause by clause, considering the implications of each provision on the workforce and the broader industry. The Commission found that the majority of the agreement was fair and met the necessary standards for approval. However, certain provisions were deemed to be unfair, leading the Commission to modify these clauses to ensure fairness. Ultimately, the Commission approved the enterprise agreement with the necessary amendments, ensuring that it complied with the Fair Work Act 2009 and balanced the interests of both employers and employees. The court's decision was based on a comprehensive review of the agreement's provisions, ensuring that the final approved version was fair and equitable for all parties involved.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established