DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/391)

GEELONG FABRICATIONS 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, 17 FEBRUARY 2017

Application for approval of the Geelong Fabrications 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 Geelong Fabrications 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 24 February 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 case involved an application for approval of the Geelong Fabrications Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission, the relevant industrial tribunal in Australia, where the union and the employer sought to have the agreement approved under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated. The Commission had to assess the fairness of the agreement's provisions, including wages, hours of work, and other terms and conditions, and determine whether it met the threshold criteria for approval. The Commission also considered the process of negotiation and whether the agreement had been genuinely negotiated between the parties.

The Commission found that the agreement was generally fair and reasonable in its terms and conditions, but identified some areas of concern, including the classification of certain workers and the calculation of overtime. The Commission also found that the agreement had been genuinely negotiated between the parties, despite some procedural issues. After making certain modifications to the agreement to address the concerns identified, the Commission approved the agreement under the Fair Work Act. The modifications included clarifying the classification of workers and the calculation of overtime, and providing for a process to resolve any future disputes regarding these issues.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established