City Steel Pty. Ltd.

Case [2015] FWCA 3861


[2015] FWCA 3861
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

City Steel Pty. Ltd.
(AG2015/1169)

CITY STEEL PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries

COMMISSIONER RIORDAN

SYDNEY, 10 JUNE 2015

Application for approval of the City Steel Pty. Ltd. / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe City Steel Pty. Ltd. / CFMEU Collective Agreement 2015 - 2017 (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 (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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Details
AGLC
City Steel Pty. Ltd. [2015] FWCA 3861
Case
[2015] FWCA 3861
Decision Date

CaseChat Overview and Summary

The matter involved City Steel Pty. Ltd., a steel manufacturing company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the City Steel Pty. Ltd. / CFMEU Collective Agreement 2015-2017, which was intended to regulate the terms and conditions of employment for employees within the company. The case was heard in the Fair Work Commission of Australia.

The central legal issue was whether the agreement satisfied the requirements of the Fair Work Act 2009, particularly sections concerning the protection of employees' rights and interests. The Commission had to assess whether the agreement was in the best interests of the employees and whether it complied with relevant provisions of the Act. Additionally, the court had to consider whether the agreement met the standards of good faith bargaining and the need to provide a fair and equitable resolution of workplace issues.

The Fair Work Commission found that the agreement did meet the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and equitable terms of employment, including provisions for wages, working conditions, and dispute resolution mechanisms. It was also determined that the bargaining process was conducted in good faith and that the agreement adequately protected the rights and interests of the employees. As a result, the Commission approved the agreement.

The Fair Work Commission approved the City Steel Pty. Ltd. / CFMEU Collective Agreement 2015-2017, confirming its compliance with the Fair Work Act 2009 and its alignment with the interests of the employees. This decision ensures that the agreement will govern the terms and conditions of employment for the relevant period, providing a framework for the relationship between City Steel Pty. Ltd. and its employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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