DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3048)

RAPID 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, 3 AUGUST 2017

Application for approval of the Rapid 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 Rapid 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 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 10 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Rapid Rigging Pty Ltd, sought approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018 with the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was brought before the Fair Work Commission. The central issue for the tribunal was whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on the provisions regarding minimum rates of pay and the applicability of industry awards.

The Commission began by assessing whether the agreement contained minimum rates of pay that were at least equal to the relevant award rates. After a thorough examination, it was found that the agreement did not comply with this requirement. The tribunal concluded that the proposed agreement did not provide adequate protections in terms of minimum rates of remuneration. Consequently, the application for approval was denied. The tribunal emphasised the importance of ensuring that enterprise agreements provide at least the minimum protections found in relevant awards.

The Fair Work Commission ordered that the application for approval of the agreement be dismissed. The tribunal highlighted the necessity of maintaining a safety net of minimum standards to protect employees' rights and ensure fair treatment in the workplace. This decision underscores the importance of compliance with legislative requirements when drafting and approving enterprise agreements.

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