Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 9895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/11893)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 DECEMBER 2013

Application for approval of the MSM 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 MSM 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, 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 25 December 2013. 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 applicants, MSM Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEUA), sought approval for the Rigger/Steel Erector Enterprise Agreement 2011-2015. The application was heard in the Fair Work Commission, with the Registrar, Mr D M W Bell, presiding. The agreement in question was a draft of a new enterprise agreement that aimed to replace the existing Rigger/Steel Erector Enterprise Agreement 2008-2011. The dispute primarily centred around the adequacy of the agreement in terms of its compliance with the Fair Work Act 2009, specifically focusing on whether the agreement met the "better off overall test" and if it contained appropriate provisions for the employees' working conditions and remuneration.

The key legal issue before the court was whether the proposed agreement met the statutory requirements set out in the Fair Work Act, including whether it was "free of prohibited content", met the "better off overall test", and provided for a fair and reasonable process for the resolution of workplace disputes. The court had to consider if the agreement provided a fair balance of rights and obligations between the parties and if it allowed for the resolution of workplace disputes in a fair and efficient manner.

The Fair Work Commission found that the proposed agreement met all the statutory requirements. The agreement provided for a fair balance of rights and obligations between the parties and contained appropriate provisions for the resolution of workplace disputes. The agreement also met the "better off overall test" as it provided for a reasonable increase in remuneration and improved working conditions for the employees. The court approved the application for the agreement, finding it to be in compliance with the Fair Work Act.

The final orders of the Fair Work Commission were that the Rigger/Steel Erector Enterprise Agreement 2011-2015 be approved as a registered agreement under the Fair Work Act. The agreement was to come into effect from the date of registration and would replace the existing agreement. The parties were directed to take all necessary steps to give effect to the agreement, including the provision of written notice to all employees covered by the agreement.

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