DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1627)

ROYCE 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, 22 MAY 2017

Application for approval of the Royce 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 Royce 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 29 May 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 Construction, Forestry, Mining and Energy Union, on behalf of its members, applied to the Fair Work Commission for the approval of an enterprise agreement with Royce Rigging Pty Ltd. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission, led by Commissioner McCabe, was tasked with determining the application.

The primary legal issue before the Commission was whether the enterprise agreement complied with the legislative requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement was in the public interest, met the "better off overall test", and was free from any invalid provisions. Additionally, the Commission needed to decide if the agreement appropriately covered the employees of Royce Rigging Pty Ltd and if it was fairly and genuinely negotiated.

The Commission found that the enterprise agreement was, overall, in the public interest and met the "better off overall test". It was also determined that the agreement was free from invalid provisions and that it covered the employees of Royce Rigging Pty Ltd. The Commission concluded that the agreement was fairly and genuinely negotiated, despite some minor procedural issues. Consequently, the application for approval was granted, and the agreement was approved as of 1 December 2016.

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