DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4153)

BASE ICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 SEPTEMBER 2017

Application for approval of the Base ICS Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Base ICS Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 Construction, Forestry, Mining and Energy Union 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 of the Act, will operate from 2 October 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia considered an application for the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018 between Base ICS Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement aimed to regulate the terms and conditions of employment for riggers and steel erectors within Base ICS Pty Ltd. The dispute centred on the procedural fairness and the potential impact of the agreement on the employees' rights.

The primary legal issues before the court involved whether the agreement was made in a manner that ensured procedural fairness to the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine whether the union adequately consulted with the employees, whether the employees were given a reasonable opportunity to be represented, and whether the agreement was made without any coercion or undue influence.

The court found that the union had acted in accordance with the principles of procedural fairness. It concluded that the union had made reasonable efforts to consult with the employees and provided them with the opportunity to be represented. Furthermore, the court determined that the agreement did not contain any terms that would have an adverse effect on the employees' rights. The court was satisfied that the agreement was made in good faith and without any coercion or undue influence. Consequently, the court approved the enterprise agreement.

The Federal Court of Australia granted the application for approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018 between Base ICS Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The court found that the agreement was made in a manner that ensured procedural fairness and did not have any adverse effects on the employees' rights. The approval of the agreement is now effective, and the terms and conditions outlined in the agreement will govern the employment of riggers and steel erectors within Base ICS Pty Ltd.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established