DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/283)

R & M ENGINEERING 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 R & M Engineering 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 R & M Engineering 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and R & M Engineering Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The application was brought under the Fair Work Act 2009, which provides for the regulation of workplace relations and the approval of enterprise agreements. The CFMEU represented employees in the rigging and steel erecting trades, while R & M Engineering Pty Ltd was the employer. The dispute centred around the terms and conditions of employment specified in the proposed enterprise agreement.

The legal issues before the Fair Work Commission included whether the agreement was fairly negotiated, met the "better off overall test", and complied with other statutory requirements. The Commission had to consider if the agreement provided employees with improved terms and conditions compared to the applicable awards, and whether it was free from any improper conduct or coercion. Additionally, the Commission examined if the agreement complied with the procedural requirements of the Fair Work Act, including proper notification and opportunity for employee participation.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was fairly negotiated and met the "better off overall test". The Commission determined that the agreement provided employees with improved terms and conditions compared to the applicable awards, and there was no evidence of improper conduct or coercion in the negotiation process. The Commission also found that the procedural requirements of the Fair Work Act were satisfied, as the employer had provided adequate notification and opportunity for employee participation. Consequently, the Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018.

The Fair Work Commission approved the enterprise agreement, effective from 1 January 2017, for a period of two years. The agreement outlined various terms and conditions of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The approval of the agreement provides certainty and stability for both the employees and the employer, ensuring that the workplace relations are governed by the agreed terms rather than the applicable awards.

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