CMC Steel Distribution Pty Ltd Summary

[2014] FWCA 2788

FAIR WORK COMMISSION

DECISION

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

CMC Steel Distribution Pty Ltd
(AG2014/5148)

CMC STEEL DISTRIBUTION PTY LTD AND THE AUSTRALIAN WORKERS' UNION PROCESSING MELBOURNE ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 30 APRIL 2014

Application for approval of the CMC Steel Distribution Pty Ltd and the Australian Workers' Union Processing Melbourne Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the CMC Steel Distribution Pty Ltd and the Australian Workers' Union Processing Melbourne Enterprise Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CMC Steel Distribution Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from CMC Steel Distribution Pty Ltd. In accordance with s.191(1) of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Attachment A.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2014. The nominal expiry date of the Agreement is 31 January 2017.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the CMC Steel Distribution Pty Ltd and the Australian Workers' Union Processing Melbourne Enterprise Agreement 2014-2017. The company, CMC Steel Distribution, sought approval of the agreement, which had been negotiated between the union and the employer. The nature of the dispute centred around the compliance of the agreement with the Fair Work Act 2009, specifically concerning the agreement's provisions and whether they met the legal requirements for enterprise agreements.

The key legal issues before the Commission were whether the agreement complied with the good faith bargaining requirement, whether the agreement contained all necessary minimum terms and conditions, and if the agreement was made in accordance with the relevant provisions of the Fair Work Act. Additionally, the Commission had to consider if the agreement had been appropriately notified and if the requisite procedural fairness was observed during the bargaining process.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It found that the agreement was the product of genuine and meaningful negotiations between the parties in good faith. The Commission also determined that the agreement contained all necessary minimum terms and conditions and was compliant with the statutory requirements of the Fair Work Act. Furthermore, the Commission was satisfied that the requisite procedural fairness had been observed during the negotiation process. Consequently, the Commission approved the CMC Steel Distribution Pty Ltd and the Australian Workers' Union Processing Melbourne Enterprise Agreement 2014-2017, as it met all legal requirements for an enterprise agreement.

CMC Steel Distribution Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established