DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Steelfixing Australia Pty Ltd
(AG2015/6181)

COASTAL STEELFIXING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2015

Application for approval of the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coastal Steelfixing Australia Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 24 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Coastal Steelfixing Australia Pty Ltd applied for approval of the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015. The application was opposed by the Building Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms of the proposed agreement, particularly those relating to pay rates, conditions of employment, and other related matters for employees within the construction industry.

The primary legal issues the Commission had to address were whether the agreement complied with the provisions of the Fair Work Act 2009, and if it was made in accordance with the requirements of the Fair Work (Registered Organisations) Act 2009. This involved determining if the agreement had been fairly negotiated, whether it contained the necessary minimum entitlements, and if it met the criteria for being a "single interest" agreement.

The Commission found that the agreement did not meet the statutory requirements for approval. It held that the agreement was not fairly negotiated, as there was insufficient evidence to demonstrate that the union had genuinely represented the employees' interests. Furthermore, the Commission determined that the agreement did not contain all the mandated minimum entitlements, particularly concerning shift differentials. The Commission also found that the agreement was not a "single interest" agreement, as it did not exclusively represent the interests of the employees.

Accordingly, the Commission did not grant approval of the enterprise agreement. The application was dismissed, and the agreement remained unregistered. The Commission's decision was based on the failure of the applicant to demonstrate that the agreement was fairly negotiated, contained all minimum entitlements, and was a "single interest" agreement.

Coastal Steelfixing Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established