Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/266)

TWISTED STEEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 21 FEBRUARY 2024

Application for approval of the Twisted Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Twisted Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 (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 and Maritime Employees Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 28 February 2024. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and Twisted Steel Pty Ltd sought approval of the Subcontractors Steelfixing Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission under the Fair Work Act 2009. The legal issues that the court was required to decide included whether the agreement met the statutory requirements for approval, and if it complied with the better-off-overall test. The court also had to determine whether the agreement was in the interests of the employees, and whether the process for its negotiation was fair.

The Fair Work Commission considered the evidence provided by both parties and examined the terms of the agreement. The court found that the agreement met the statutory requirements for approval and that it complied with the better-off-overall test. The court also found that the agreement was in the interests of the employees, and that the process for its negotiation was fair. The court noted that the agreement provided for a range of benefits for employees, including pay rates, leave entitlements, and other conditions of employment. The court concluded that the agreement was a fair and reasonable one, and that it should be approved.

The Fair Work Commission approved the Subcontractors Steelfixing Enterprise Agreement 2020-2023, finding that it met the statutory requirements for approval and that it complied with the better-off-overall test. The court noted that the agreement was in the interests of the employees and that the process for its negotiation was fair. The court also found that the agreement provided for a range of benefits for employees and that it was a fair and reasonable one. The final orders of the court were that the agreement be approved and registered with the Fair Work Commission.

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