DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7017)

HI LIFT ACCESS HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building services
COMMISSIONER ROE	MELBOURNE, 13 DECEMBER 2016

Application for approval of the Hi Lift Access Hire 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 Hi Lift Access Hire 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. 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 parties to the dispute were the Construction, Forestry, Mining and Energy Union (CFMEU) and Hi Lift Access Hire Pty Ltd. The matter before the Fair Work Commission was an application for the approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018, which was made between the union and the employer. The central issue before the court was whether the agreement was a "genuine" enterprise agreement within the meaning of the Fair Work Act 2009. The Commission had to determine if the agreement met the requirements of the Act, including whether it was made in good faith, and whether it had been appropriately negotiated.

In examining these issues, the Fair Work Commission noted that the agreement was the result of negotiations between the parties, and that the union had provided evidence of its consultation process with its members. The Commission also considered the evidence provided by the employer, which demonstrated that the agreement had been made in good faith. In determining whether the agreement was a genuine enterprise agreement, the Commission held that it was satisfied that the agreement met all the necessary requirements, including that it had been made in good faith and that it was an appropriate enterprise agreement. The Commission found that the agreement was a genuine enterprise agreement and approved it.

The Fair Work Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018, finding that it met all the necessary requirements of the Fair Work Act 2009. The agreement was approved and will now operate as a registered agreement between the parties.

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