Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 7516

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/9507)

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

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the NRG 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 NRG 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 7 October 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 Construction, Forestry, Mining and Energy Union (CFMEU) and NRG Rigging Pty Ltd were involved in a dispute regarding the approval of the Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission of Australia. The CFMEU sought approval of the agreement, which was reached between the union and the company, under the Fair Work Act 2009. NRG Rigging challenged the application, raising concerns about the agreement's provisions and its compliance with the Act.

The primary legal issues the court had to decide were whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees. Specifically, the court needed to assess whether the agreement had been made in accordance with the provisions of the Act, whether it contained the prescribed terms and conditions, and whether it provided for the proper protection of employees' interests. The court also had to determine if the agreement was free from any illegality or unfairness.

The court examined the application and the arguments presented by both parties. It found that the agreement contained all the prescribed terms and conditions and that it was made in good faith and without any illegality. The court concluded that the agreement was in the best interests of the employees and approved it. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was consistent with the objectives of the Fair Work Act.

The Fair Work Commission approved the NRG Rigging Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015. The decision confirmed the validity of the agreement and its compliance with the Fair Work Act. The court's approval of the agreement ensures that the employees of NRG Rigging Pty Ltd will benefit from the terms and conditions set out in the Enterprise 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