DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/326)

ADFINIS 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, 14 FEBRUARY 2017

Application for approval of the Adfinis 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 Adfinis 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 21 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

In the Federal Court of Australia, the case of Construction, Forestry, Mining and Energy Union involved an application for the approval of the Rigger/Steel Erector Enterprise Agreement between Adfinis Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018. The agreement was submitted to the Fair Work Commission for approval, and subsequently, the CFMEU challenged the approval in the Federal Court.

The primary legal issues that the court needed to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including sections related to the proper negotiation, content, and fairness of the agreement. Specifically, the court needed to determine whether the agreement met the requirements for "better off overall and in the round" for employees, and if it contained appropriate provisions regarding wages, conditions, and dispute resolution.

The court examined the negotiation process and found that it was conducted in good faith and that the parties had indeed negotiated the agreement. The court also considered the content of the agreement and whether it provided a fair and reasonable outcome for the employees. The agreement included provisions for wage increases, improved working conditions, and a dispute resolution process. The court determined that the agreement was fair and reasonable overall, and it met the statutory requirements for approval. Consequently, the application for approval was successful.

In its decision, the court approved the Rigger/Steel Erector Enterprise Agreement 2016-2018, confirming that it complied with the Fair Work Act 2009. The court's ruling upheld the agreement as a valid and enforceable enterprise agreement between Adfinis Pty Ltd and the CFMEU (Victorian Construction and General Division).

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