DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7168)

AZORES GROUP PTY LTD T/AS CABRAL ENGINEERING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building services
COMMISSIONER GREGORY	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Azores Group Pty Ltd T/As Cabral Engineering 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 Azores Group Pty Ltd T/As Cabral Engineering 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 5 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 case involved an application for the approval of the Azores Group Pty Ltd T/As Cabral Engineering and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The application was made to the Fair Work Commission (FWC), the body responsible for the approval of enterprise agreements under the Fair Work Act 2009. The nature of the dispute was the fairness and compliance of the proposed agreement with the statutory requirements and the rights of employees.

The legal issues before the FWC included whether the agreement met the requirements for being deemed "fair" under section 232 of the Act, and whether it complied with the various provisions of the Fair Work Act and the Fair Work Regulations. Specific issues addressed the adequacy of the consultation process, the fairness of the terms and conditions, and the potential impact on the employees' rights and entitlements. The FWC had to determine if the agreement provided a safety net for employees and if it complied with the provisions of the Fair Work Act and Regulations.

The FWC examined the evidence and submissions from both parties, including the consultation process and the content of the agreement. The FWC found that the agreement was fair and met all the statutory requirements. It noted that the agreement provided a safety net for employees, contained provisions that were not less favourable than the applicable awards, and complied with the Fair Work Act and Regulations. The FWC approved the agreement, noting that the consultation process was adequate and the terms and conditions were fair and reasonable. The decision was based on a detailed analysis of the agreement and the evidence provided by both parties.

The final orders of the FWC were that the application for approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018 was approved. The agreement was deemed to be fair and compliant with the Fair Work Act and Regulations. The FWC's approval was effective from the date of the decision, and the agreement was registered with the Fair Work Commission. The decision provided a clear and detailed explanation of the FWC's reasoning and the basis for its approval of the agreement.

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