Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7492)

SOUTHSIDE STEEL FIXING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 SEPTEMBER 2021

Application for approval of the Southside Steel Fixing Pty Ltd / CFMEU Collective Agreement 2019-2023

[1] An application has been made for approval of a greenfields agreement known as the Southside Steel Fixing Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between Southside Steel Fixing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made under the Fair Work Act 2009, seeking to validate the collective agreement for the period 2019-2023. The primary concern was whether the agreement complied with the statutory requirements and did not contravene any provisions of the Fair Work Act.

The legal issues before the Commission included whether the agreement contained any terms that were contrary to the public interest, whether it provided for industrial action, and whether the agreement was made in good faith and without coercion. Additionally, the Commission had to consider if the agreement provided for appropriate mechanisms for the resolution of workplace disputes and whether it adhered to the provisions of the Fair Work Act concerning employee protections and entitlements.

The Commission carefully examined the terms of the agreement and found that it complied with the legislative requirements. It was noted that the agreement contained provisions for dispute resolution, which aligned with the statutory framework, and did not include any terms that were contrary to the public interest or that facilitated unprotected industrial action. Furthermore, the Commission was satisfied that the agreement had been made in good faith and without any undue influence or coercion. The Commission approved the collective agreement, confirming its compliance with the Fair Work Act.

The final orders of the Commission were that the collective agreement between Southside Steel Fixing Pty Ltd and the CFMEU for the period 2019-2023 be approved as meeting the requirements of the Fair Work Act. This decision effectively validated the agreement, allowing it to be enforced as a legally binding contract between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established