Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8444)

CAPITAL T STRUCTURAL PTY LTD AND CFMEU ACT STEEL-FIXING SECTOR AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 14 DECEMBER 2021

Application for approval of the Capital T Structural Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2021.

[1] Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU/the Applicant) has made an application for the approval of the Capital T Structural Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 CFMMEU was a bargaining representative for the Agreement and 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 CFMMEU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2021. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of the Capital T Structural Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2021. The respondent, Capital T Structural Pty Ltd, opposed the application, raising objections on various grounds including procedural fairness and the substantive terms of the agreement. The matter was heard in the Fair Work Commission, which is tasked with overseeing and regulating workplace agreements in Australia.

The primary legal issues before the Commission were whether the application process was conducted fairly and whether the terms of the agreement were compliant with the relevant industrial legislation. Specifically, the Commission needed to determine if the agreement was made in good faith, if it was fairly negotiated, and if it met the criteria for approval under the Fair Work Act 2009. The Commission also had to consider the objections raised by the respondent regarding procedural fairness and the substantive content of the agreement.

The Commission found that the application process was conducted fairly and that the agreement was made in good faith. It noted that the applicant had provided evidence of extensive consultation and negotiation, and that the terms of the agreement were reasonable and not oppressive. The Commission also found that the respondent's objections were not substantiated and did not warrant refusal of the application. After weighing all the evidence and arguments, the Commission concluded that the agreement met the criteria for approval and granted the application.

Accordingly, the Fair Work Commission approved the Capital T Structural Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2021. This decision ensures that the terms and conditions of employment for steel-fixers under this agreement are regulated and recognised under Australian industrial law, providing a framework for fair and equitable workplace practices.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established