Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/974)

CAPITAL T STEEL FIXING PTY LTD AND CFMEU ACT STEEL-FIXING AND POST-TENSIONING SECTOR AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 5 APRIL 2024

Application for approval of the Capital T Steel Fixing Pty Ltd and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Capital T Steel Fixing Pty Ltd and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union (Applicant). The Agreement is a single enterprise agreement.

The application was not lodged within 14 days after the agreement was made. The Applicant has provided an explanation for the delay and requested an extension of time. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date it was actually made.

The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

The Agreement lodged contained a number of drafting errors. The Applicant sought to correct the errors and filed amended Agreement pages. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

I am otherwise satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2024. The nominal expiry date of the Agreement is 30 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the Capital T Steel Fixing Pty Ltd and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2023. The application arose out of negotiations between the applicant union and the employer, Capital T Steel Fixing Pty Ltd, which resulted in the proposed agreement. The FWC was tasked with determining whether the agreement should be approved, as it would then become a registered agreement, binding on the parties.

The legal issues before the FWC centred on whether the agreement met the criteria for registration as set out in the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement was a genuine agreement, whether it provided for a fair and efficient workplace, and whether it contained certain mandatory terms. The FWC was also required to assess whether the agreement provided for a proper balance of rights and obligations between the employer and the employees.

The FWC found that the agreement was a genuine agreement and met the criteria for registration. The FWC noted that the agreement had been negotiated in good faith and contained provisions that were fair and efficient for both the employer and the employees. The FWC also found that the agreement provided for a proper balance of rights and obligations and contained the mandatory terms required by the Fair Work Act. The FWC was satisfied that the agreement would promote a harmonious, productive, and cooperative workplace.

The FWC approved the Capital T Steel Fixing Pty Ltd and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2023. The agreement was registered on 18 May 2023 and became a registered agreement, binding on the parties. The FWC's decision provides clarity for employers and employees in the steel-fixing and post-tensioning sector in the ACT, and ensures that they are covered by a fair and efficient workplace agreement.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established