DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/327)

S & J RIGG 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, 13 FEBRUARY 2017

Application for approval of the S & J Rigg 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 S & J Rigg 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 20 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 matter involved an application for approval of the S & J Rigg 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 by the Fair Work Commission, with Deputy President G A Logan presiding. The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of procedural fairness and the coverage of employees.

The legal issues before the court included whether the union properly represented the employees in negotiations and whether the agreement was made in good faith. Another key issue was whether the agreement complied with the Fair Work Act's requirements for enterprise agreements, including the provision of adequate disclosure documents to employees. The court also needed to determine if the agreement was in the best interests of the employees and whether the process for reaching the agreement was fair and transparent.

The court found that the union had adequately represented the employees in the negotiations, and the agreement was made in good faith. It was determined that the disclosure documents provided to employees were sufficient and met the requirements of the Act. The court further found that the agreement was in the best interests of the employees and that the process for reaching the agreement was fair and transparent. Therefore, the application for approval of the enterprise agreement was granted.

The final orders of the court included the approval of the enterprise agreement and the setting aside of any objections raised by the parties. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the decision until the end of the specified term. The court also directed that any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

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