DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3817)

EMPIRE RIGGING 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, 4 SEPTEMBER 2017

Application for approval of the EMPIRE RIGGING 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 EMPIRE RIGGING 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 the 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 11 September 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 applicants, the Construction, Forestry, Mining and Energy Union (CFMEUV) and Empire Rigging Pty Ltd, applied for approval of the Enterprise Agreement between the two parties for the period 2016 to 2018. The application was heard in the Fair Work Commission. The central issue before the Court was whether the Enterprise Agreement met the requirements of section 230 of the Fair Work Act 2009 (Cth) and whether it had been fairly and independently negotiated.

The Court found that the Enterprise Agreement was consistent with the principles of the Fair Work Act and had been fairly negotiated. The applicants provided evidence of the negotiation process and demonstrated that the agreement had been independently assessed by the Fair Work Ombudsman. The Court also considered the impact of the agreement on the employees and found that it provided for appropriate terms and conditions of employment. The Court concluded that the agreement met the requirements of the Act and approved it.

The Court's decision was based on a thorough examination of the evidence and the principles of the Fair Work Act. The applicants had demonstrated that the agreement had been negotiated in good faith and that it provided for appropriate terms and conditions of employment. The Court's approval of the agreement ensures that the employees of Empire Rigging Pty Ltd will continue to be covered by a fair and independent Enterprise Agreement. The final order of the Court was that the Enterprise Agreement be approved as a registered agreement.

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