DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1601)

CC STEEL SERVICES 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, 18 MAY 2017

Application for approval of the CC Steel Services 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 CC Steel Services 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 25 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 matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between CC Steel Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement, proposed for the period 2016 to 2018, was contested by the employer, who raised concerns about the fairness and enforceability of the agreement's provisions. The primary legal issues the Commission had to address were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning its procedural fairness and the absence of any significant benefit to employees. The Commission also needed to determine whether the agreement could be approved despite the employer's objections.

In considering the application, the Commission examined the process by which the agreement was negotiated and the content of its provisions. The employer argued that the agreement did not provide any significant benefit to employees beyond what was already provided by the relevant award and that it was not fairly negotiated due to procedural deficiencies. The union, on the other hand, contended that the agreement provided certain benefits, such as improved shift patterns and wage increases, and that the negotiation process was conducted appropriately. The Commission took into account the statutory requirements for procedural fairness, the benefits provided by the agreement, and the overall fairness of the agreement's terms. After reviewing the evidence and submissions, the Commission found that the agreement was procedurally fair and provided significant benefits to employees, thus meeting the criteria for approval.

The Fair Work Commission approved the proposed enterprise agreement, finding that it satisfied the requirements of the Fair Work Act. The decision highlighted that the agreement provided certain benefits to employees, including improved shift patterns and wage increases, and that the negotiation process was conducted fairly. The employer's concerns about the lack of significant benefits were addressed by the Commission, which found that the agreement did indeed provide such benefits. The decision underscored the importance of both procedural fairness in the negotiation process and the provision of tangible benefits to employees in the approval of enterprise agreements. The final order was that the CC Steel Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018 was approved and would be registered as a certified agreement under the Fair Work Act.

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