DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1648)

WJ & KL WILLIAMS PTY LTD T/AS WILLIAMS STEEL 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 WJ & KL Williams Pty Ltd T/As Williams Steel 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 WJ & KL Williams Pty Ltd T/As Williams Steel 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

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant sought approval of the WJ & KL Williams Pty Ltd T/As Williams Steel and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 - 2018. The dispute arose from disagreements regarding the terms and conditions of employment outlined in the proposed enterprise agreement, with the applicant seeking formal endorsement by the Fair Work Commission. The Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval, including the requirement for it to be a "better off overall test" (BOOT) agreement.

The central legal issues before the Commission were whether the proposed enterprise agreement satisfied the conditions of a BOOT agreement, ensuring that the overall financial and non-financial conditions of the employees would be improved. Additionally, the court needed to consider whether the agreement complied with the procedural requirements set out in the Fair Work Act. The applicant argued that the proposed agreement met all the necessary criteria, while the respondents raised objections to specific clauses and overall compliance.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement, focusing on whether it achieved the necessary improvements for the employees. The Commission found that while most terms of the agreement provided benefits, certain clauses did not meet the BOOT criteria. The Commission also noted procedural shortcomings in how the agreement was negotiated and submitted. Ultimately, the Commission concluded that the agreement did not fully satisfy the requirements for approval and thus rejected the application for endorsement.

The Fair Work Commission ordered that the application for approval of the WJ & KL Williams Pty Ltd T/As Williams Steel and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 - 2018 be dismissed. The Commission directed that the agreement be returned to the parties for further negotiation and amendments to address the identified deficiencies, with a requirement to resubmit the agreement for consideration once the necessary changes had been made.

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