DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/490)

RIGTECH PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MASTER CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 MARCH 2017

Application for approval of the Rigtech Pty Ltd and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Rigtech Pty Ltd and the CFMEU (Victorian Construction and General Division) Master Climbing Access Equipment 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 10 March 2017. The nominal expiry date of the Agreement is 30 June 2018

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between Rigtech Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement in question was the Master Climbing Access Equipment Enterprise Agreement 2016-2018. The union and the employer sought the Commission's approval to ensure the agreement's compliance with the Fair Work Act 2009 and its suitability as a safety net agreement.

The primary legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval under section 234 of the Act, including whether it provided for fair and reasonable terms and conditions, and whether it included adequate protections for employees, particularly in relation to safety and working conditions. The Commission also had to consider whether the agreement provided a safety net that was not less favourable than the relevant awards or the general industrial conditions.

The Commission found that the enterprise agreement was in compliance with the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions, and that it included adequate protections for employees, particularly in relation to safety and working conditions. The Commission was satisfied that the agreement provided a safety net that was not less favourable than the relevant awards or the general industrial conditions. As a result, the Commission approved the enterprise agreement, confirming its appropriateness as a safety net agreement. The approval ensures that the terms of the agreement will apply to the employees of Rigtech Pty Ltd, providing them with the agreed-upon terms and conditions for the specified period.

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