Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7404)

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

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 SEPTEMBER 2021

Application for approval of the TWISTED STEEL REINFORCEMENT (AUST) 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 TWISTED STEEL REINFORCEMENT (AUST) 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 and 188 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement between Twisted Steel Reinforcement (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The applicant, Twisted Steel Reinforcement, sought to have the agreement approved under the Fair Work Act 2009. The respondent, the CFMEU, supported the application for approval.

The primary legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it complied with the procedural requirements for making a registered agreement and whether it contained the necessary minimum terms and conditions as set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees covered by it.

The Fair Work Commission found that the agreement complied with the procedural requirements for making a registered agreement, including the necessary consultation processes. The Commission also determined that the agreement contained all the required minimum terms and conditions as stipulated in the Fair Work Act. Furthermore, it was concluded that the agreement was in the best interests of the employees, taking into account the overall benefits it provided, including wage increases, improved working conditions, and the preservation of certain job roles. Therefore, the Commission approved the agreement.

The final orders of the Fair Work Commission were that the Twisted Steel Reinforcement (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to be registered with the Commission and would apply to the employees covered by it from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established