Construction, Forestry, Mining and Energy Union-Victoria Branch

[2013] FWCA 1751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2013/5614)

CONTINENTAL STEEL PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 MARCH 2013

Application for approval of the Continental Steel Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Continental Steel Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union-Victoria Branch, the applicant, and Continental Steel Pty Ltd, the respondent, the Fair Work Commission was tasked with approving an enterprise agreement. This dispute arose from a proposed enterprise agreement, the Continental Steel Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015, which was submitted for approval. The agreement aimed to regulate the terms and conditions of employment between the union and the employer, covering issues such as wages, hours of work, and other employment conditions for riggers and steel erectors.

The primary legal issues the Commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it provided for the fair and efficient resolution of workplace issues. Specifically, the Commission needed to consider whether the agreement provided for the genuine agreement of the parties, if it complied with the "better off overall test" and if it included appropriate mechanisms for the resolution of workplace disputes.

The Commission found that the agreement did indeed reflect a genuine agreement between the parties, as it was the product of genuine bargaining. The Commission also held that the agreement satisfied the better off overall test, as it provided for a range of improvements for the employees, including wage increases and other benefits. The Commission was satisfied that the dispute resolution mechanisms in the agreement were appropriate and met the requirements of the Act. Consequently, the Commission approved the enterprise agreement. The approval was made subject to certain conditions, including the requirement for the parties to provide a copy of the agreement to the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established