DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/530)

ERECTOR GROUP CONSOLIDATED PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 23 MARCH 2018

Application for approval of the Erector Group Consolidated Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Erector Group Consolidated Pty Ltd / CFMEU Collective Agreement 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 30 March 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Erector Group Consolidated Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFME) Collective Agreement 2018. The Erector Group, a company involved in the electrical contracting industry, sought to have the agreement approved as a safety net agreement under the Fair Work Act 2009. The CFMEU, representing the employees, opposed the application, contending that the proposed agreement did not meet the legislative requirements for a safety net agreement.

The central legal issues the court needed to address included whether the collective agreement was a genuine agreement between the employer and the employees, whether it met the statutory criteria for approval as a safety net agreement, and whether it provided for appropriate protections and entitlements for the employees. The court had to carefully examine the content of the agreement to determine if it satisfied the legislative requirements, including the provision of minimum terms and conditions of employment that were not less favourable than those provided under the relevant modern award.

In delivering the judgment, the court found that the collective agreement in question did indeed meet the statutory criteria for approval. The court concluded that the agreement was a genuine agreement between the parties and that it provided terms and conditions of employment that were not less favourable than those contained in the relevant modern award. The court also noted that the agreement contained provisions for adequate protections and entitlements for the employees, thereby satisfying the requirements of the Fair Work Act. Consequently, the court approved the Erector Group Consolidated Pty Ltd / CFMEU Collective Agreement 2018 as a safety net agreement.

The final orders of the court were that the Erector Group Consolidated Pty Ltd / CFMEU Collective Agreement 2018 be approved as a safety net agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and it would apply to the employees covered by the agreement from the date of the court's approval. The decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of their employment, ensuring compliance with the legislative framework.

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