Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 5745

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8657)

ACCURATE RIGGING PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 AUGUST 2014

Application for approval of the Accurate Rigging 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 Accurate Rigging 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 29 August 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Accurate Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union Rigger / Steel Erector Enterprise Agreement 2011-2015. The applicant, Accurate Rigging, sought approval for the enterprise agreement, while the respondent, the CFMEU, argued that the agreement should not be approved due to certain provisions that it believed were not in the best interests of the employees.

The legal issues that the commission had to address included whether the agreement provided for terms and conditions that were no worse off and better off for the employees, as required by the Fair Work Act 2009. Specifically, the commission had to consider whether the provisions regarding the classification of employees, the use of apprentices, and the pay rates met the statutory requirements.

In its decision, the commission noted that the agreement contained provisions that were no worse off and better off for the employees, and that the parties had negotiated the agreement in good faith. The commission also found that the provisions regarding the classification of employees and the use of apprentices were in the best interests of the employees, as they provided for a clear and fair system for determining employee classification and the use of apprentices. However, the commission made an order that the pay rates in the agreement be adjusted to ensure that they were no worse off and better off for the employees.

The commission approved the enterprise agreement with the amended pay rates, and it is now registered and in effect. The parties are bound by the terms and conditions set out in the agreement, and any disputes arising from the agreement must be resolved in accordance with its provisions.

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