Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 8347

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9872)

JJ RIGGING & CRANE HIRE PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the JJ Rigging & Crane Hire 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 JJ Rigging & Crane Hire 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 1 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 an application for the approval of the JJ Rigging & Crane Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union Rigger / Steel Erector Enterprise Agreement 2011-2015. The application was made to the Fair Work Commission, which is the body responsible for approving and registering enterprise agreements in Australia. The dispute arose from objections to the proposed agreement by several parties, including some employees and a union.

The primary legal issues before the Commission were whether the agreement complied with the relevant statutory requirements, particularly those set out in the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it contained the necessary provisions, and whether it had been properly certified by the Australian Building and Construction Commission. Additionally, the Commission needed to consider the objections raised by the objectors and determine whether these objections were valid and warranted refusal of the application.

In its decision, the Commission first assessed the compliance of the agreement with the statutory requirements. It considered the process by which the agreement was negotiated and certified, and found that it had been made in good faith and contained all the necessary provisions. The Commission also examined the objections raised by the objectors. After reviewing the submissions and evidence, the Commission concluded that the objections were not well-founded and did not provide sufficient grounds to refuse approval of the agreement. Consequently, the Commission approved the application and registered the enterprise agreement.

The final orders of the Commission were that the JJ Rigging & Crane Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union Rigger / Steel Erector Enterprise Agreement 2011-2015 be approved and registered. This decision ensures that the agreement will have legal effect and be binding on the parties covered by its terms.

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