DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1156)

MELBOURNE 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, 12 APRIL 2017

Application for approval of the Melbourne 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 Melbourne 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 19 April 2017. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union and Melbourne Rigging Pty Ltd, with the dispute regarding the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018. The Fair Work Commission was the court that heard the matter. The union sought approval of the agreement, which Melbourne Rigging opposed on the basis that it contained provisions that were not in the best interests of the employees.

The central legal issues the court had to decide were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interests of the employees. This involved examining if the agreement complied with the good faith bargaining provisions, and if it provided fair and reasonable terms for the employees. The court also had to consider whether the agreement contained any unfair provisions that would undermine the employees' rights or protections.

The Fair Work Commission found that the agreement was made in good faith and met the requirements of the Fair Work Act. The court noted that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the industry and the specific roles of the employees. The Commission held that the agreement was in the best interests of the employees, as it provided them with appropriate protections and benefits. The court rejected Melbourne Rigging's claims that the agreement contained unfair provisions, finding that the agreement balanced the interests of both the employees and the employer.

As a result, the Fair Work Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018. The agreement was deemed to be fair, reasonable, and in the best interests of the employees, and it met the statutory requirements 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