Construction, Forestry, Mining and Energy Union-Victoria Branch

[2013] FWCA 105

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2012/14218)

RIGCON ENGINEERING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Rigcon Engineering Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Rigcon Engineering Pty Ltd and the CFMEU Building and Construction Industry 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 16 January 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 Fair Work Commission, the Construction, Forestry, Mining and Energy Union-Victoria Branch (CFMEUV) applied for the approval of the Rigcon Engineering Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. Rigcon Engineering Pty Ltd contested the application, arguing that certain provisions within the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the provisions of the enterprise agreement were in compliance with the statutory criteria set out in the Fair Work Act 2009, and whether they adhered to the requirements for enterprise agreements to be considered "protected action" under the Fair Work Act 2009. The Commission needed to determine if the agreement appropriately balanced the interests of both employees and employers, and if it included necessary provisions for minimum entitlements, dispute resolution, and other procedural requirements.

The Fair Work Commission examined the provisions of the agreement and concluded that while the majority of the agreement was compliant, certain clauses did not meet the statutory requirements. The Commission found that the provisions concerning the classification and remuneration of employees were not adequately detailed, and did not provide for minimum entitlements as required by the Fair Work Act 2009. The Commission also found that the dispute resolution mechanisms outlined in the agreement did not sufficiently address the needs of both parties. After making these determinations, the Commission recommended amendments to the agreement to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the enterprise agreement with the recommended amendments. The approval was contingent upon the parties making the necessary changes to the agreement within the specified timeframe. The decision ensures that the agreement now meets the statutory criteria and appropriately balances the interests of employees and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established