DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4069)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 18 SEPTEMBER 2017

Application for approval of the MASSLIFT PTY LTD T/As MASSLIFT 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 MASSLIFT PTY LTD T/As MASSLIFT 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 25 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Masslift Pty Ltd t/as Masslift and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission. The dispute centred around the terms and conditions of employment outlined in the enterprise agreement, including issues such as wages, working hours, and other employment conditions. The union and the employer sought the Commission's approval to ensure that the agreement complied with the applicable laws and standards.

The legal issues that the Commission was required to decide included whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a safety net of minimum wages and conditions, and whether it allowed for flexibility in the workplace. The Commission also had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. Furthermore, the Commission was required to ensure that the agreement did not discriminate against any particular group of employees.

In its reasoning, the Commission found that the agreement met the requirements of the Fair Work Act and provided for a safety net of minimum wages and conditions. The Commission also found that the agreement allowed for flexibility in the workplace and was made in good faith. The Commission noted that the agreement provided for a fair and efficient workplace and did not discriminate against any particular group of employees. The Commission was satisfied that the agreement was in the best interests of the employees and approved the enterprise agreement.

The Fair Work Commission approved the Masslift Pty Ltd t/as Masslift and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The Commission found that the agreement met the requirements of the Fair Work Act and provided for a safety net of minimum wages and conditions. The Commission also found that the agreement allowed for flexibility in the workplace and was made in good faith. The Commission approved the agreement in the best interests of the employees.

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