DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2543)

A & L FIELD WELD 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, 11 JULY 2017

Application for approval of the A & L Field Weld 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 A & L Field Weld 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 18 July 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 matter before the Fair Work Commission involved an application for approval of the A & L Field Weld Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The applicant, A & L Field Weld Pty Ltd, sought approval of the agreement under section 230 of the Fair Work Act 2009, while the Construction, Forestry, Mining and Energy Union (CFMEU) supported the application. The dispute centred on the terms and conditions of employment for riggers and steel erectors within the specified enterprise.

The primary legal issue the Commission had to address was whether the enterprise agreement met the requirements for registration under the Fair Work Act 2009. This involved assessing whether the agreement complied with the Act's provisions concerning minimum entitlements, the process of agreement formation, and its overall fairness. The Commission also needed to determine if the agreement adequately protected the interests of the employees involved.

In its decision, the Commission thoroughly examined the agreement's provisions, considering the balance of rights and obligations between the employer and employees. The Commission found that the agreement was consistent with the statutory framework and provided fair terms and conditions for the employees. The agreement included provisions for wages, hours of work, leave entitlements, and other employment conditions that met or exceeded the relevant minimum standards. Additionally, the Commission concluded that the agreement had been formed through a genuine and voluntary process, as evidenced by the negotiation records and submissions. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Commission included the approval of the A & L Field Weld Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018, effective from the date of the decision and to remain in force until the end of the specified term.

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