Construction, Forestry, Mining and Energy Union

[2014] FWCA 5068

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/6879)

SKROBAR ENGINEERING PTY LTD T/AS SKROBAR TROJAN STRUCTURAL STEEL COMPANY AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 JULY 2014

Application for approval of the Skrobar Engineering Pty Ltd T/As Skrobar Trojan Structural Steel Company 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 Skrobar Engineering Pty Ltd T/As Skrobar Trojan Structural Steel Company 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, 187 and 188 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 August 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 matter before the Fair Work Commission involved an application for the approval of the Skrobar Engineering Pty Ltd T/As Skrobar Trojan Structural Steel Company and the Construction, Forestry, Mining and Energy Union Rigger / Steel Erector Enterprise Agreement 2011-2015. The parties sought to resolve the dispute through the Fair Work Commission, aiming to secure the agreement’s approval and enforce its terms.

The central legal issue the Commission had to address was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was made in good faith and free from coercion or undue influence.

In examining the agreement, the Commission reviewed the negotiation process and the terms of the agreement itself. The Commission found that the negotiation process was conducted in good faith and without coercion, and that the terms of the agreement were fair and reasonable. The Commission noted that the agreement provided for appropriate wages and conditions, and that it included provisions for dispute resolution and other matters necessary for the operation of a modern enterprise agreement. The Commission concluded that the agreement met the criteria for approval and granted the application for approval of the enterprise agreement.

The Fair Work Commission approved the Skrobar Engineering Pty Ltd T/As Skrobar Trojan Structural Steel Company and the Construction, Forestry, Mining and Energy Union Rigger / Steel Erector Enterprise Agreement 2011-2015. The Commission found that the agreement was fair and reasonable, and that it had been made in good faith and without coercion. The agreement was approved and will now be binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established