Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/8622)

AMICRON INTERNATIONAL PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

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

Application for approval of the Amicron International 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 Amicron International 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 6 September 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) sought approval for the Amicron International Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 before the Fair Work Commission. The dispute centred on the terms of the enterprise agreement, particularly those related to pay rates and conditions for riggers and steel erectors employed by Amicron International. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable pay and conditions, and whether it complied with the procedural requirements for its approval. The CFMEU argued that the agreement was fair and reasonable, while Amicron International contended that certain provisions were unfair. The Commission also had to consider whether the agreement had been genuinely negotiated and if it complied with the relevant provisions of the Fair Work Act.

In reaching its decision, the Commission examined the nature of the bargaining between the parties, the fairness of the terms, and the compliance with the statutory requirements. The Commission noted that the agreement was the product of genuine negotiations between the parties, and it found that the terms were fair and reasonable. It also determined that the agreement complied with the procedural requirements for approval. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Amicron International Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015, finding that it met the legal criteria for approval under the Fair Work Act 2009.

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