Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8634)

SAS 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	SYDNEY, 10 DECEMBER 2021

Application for approval of the SAS STEEL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the SAS 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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the SAS Steel Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023, the Fair Work Commission was presented with a case involving a proposed enterprise agreement between an employer and a trade union representing workers in the steelfixing industry. The agreement sought approval under the Fair Work Act 2009. The legal issues that the Commission was required to decide included whether the agreement met the requirements of the Act, particularly whether it was made in the spirit of cooperation, and whether it contained provisions that were contrary to public policy.

The Commission examined the agreement in detail, taking into account the submissions made by the parties and the relevant legislative framework. The Commission found that the agreement was made in good faith and in the spirit of cooperation, as required by section 233 of the Act. The agreement was considered to be fair and reasonable, and did not contain any provisions that were contrary to public policy. The Commission noted that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties, and that it contained provisions that were consistent with the objectives of the Act.

In light of the findings, the Fair Work Commission approved the SAS Steel Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The agreement was registered on the Register of Approved Agreements, and will now govern the employment conditions of the relevant workers for the period specified in the agreement. The decision provides certainty for the parties and the workers, and ensures that the agreement is consistent with the objectives of the Fair Work Act.

The final orders of the Commission were that the agreement be approved and registered, and that the approval be published on the Fair Work Commission's website. The Commission also ordered that the agreement be served on the relevant parties, and that a copy of the decision be provided to each of the parties. The decision provides a useful example of the Commission's approach to the approval of enterprise agreements, and the considerations that it takes into account in making its decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established