DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6611)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Victorian Steel 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 Victorian Steel 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 31 October 2016 and, in accordance with s.54, will operate from 7 November 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

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant sought approval for the Victorian Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018. The respondent, Australian Building and Construction Commission, opposed the approval on the grounds that the proposed agreement did not meet certain statutory criteria. The case was heard in the Fair Work Commission, the tribunal responsible for regulating and approving enterprise agreements under Australian labour law.

The primary legal issues for the tribunal to consider were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in accordance with the procedural fairness principles. Specifically, the tribunal had to determine if the agreement contained the necessary provisions for employees' rights and obligations, and if the process by which the agreement was made was fair and reasonable. Additionally, the tribunal needed to assess if the agreement covered the appropriate bargaining unit and if the parties had genuinely bargained for the terms.

The tribunal, after examining the agreement and the submissions from both parties, found that the agreement was largely compliant with the statutory requirements. The tribunal noted that the agreement adequately addressed the rights and obligations of employees and was made in a process that met procedural fairness standards. However, the tribunal identified some minor deficiencies in the agreement, particularly in relation to the definition of the bargaining unit. Despite these issues, the tribunal concluded that the overall agreement was in the best interests of the employees and approved the agreement with minor modifications to address the identified deficiencies. The tribunal ordered that the agreement be approved subject to these modifications.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established