DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6948)

ACSFG TRUST (THE TRUSTEE FOR) T/AS AUSTRALIAN CIVIL STEEL FIXING GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2021

Application for approval of the ACSFG TRUST (THE TRUSTEE FOR) T/As AUSTRALIAN CIVIL STEEL FIXING GROUP 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 ACSFG TRUST (THE TRUSTEE FOR) T/As AUSTRALIAN CIVIL STEEL FIXING GROUP 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 15 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the ACSFG TRUST (THE TRUSTEE FOR) T/As AUSTRALIAN CIVIL STEEL FIXING GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023, the Fair Work Commission (FWC) was tasked with determining whether the proposed enterprise agreement should be approved. The application was brought by the Australian Civil Steel Fixing Group, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), against the relevant employers in the steel fixing industry.

The legal issues before the FWC centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement provided for the fair and equitable treatment of employees, met the requirements of the "better off overall test" (BOOT), and did not unfairly discriminate against any group of employees. Additionally, the FWC needed to assess whether the agreement was consistent with the national workplace relations framework and did not undermine the collective bargaining process.

In its reasoning, the FWC acknowledged the need to balance the interests of both employers and employees while ensuring the agreement promoted fairness and efficiency in the workplace. The FWC found that the agreement provided for fair and equitable treatment of employees, met the BOOT, and did not unfairly discriminate against any group of employees. The FWC also concluded that the agreement was consistent with the national workplace relations framework and did not undermine the collective bargaining process. Therefore, the FWC approved the enterprise agreement, recognising its benefits in terms of improved working conditions, wages, and overall fairness for the employees involved.

The final orders of the FWC were that the ACSFG TRUST (THE TRUSTEE FOR) T/As AUSTRALIAN CIVIL STEEL FIXING GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 be approved, effective from the date of the decision. The agreement was to apply to all employees covered by the agreement, and the terms and conditions set out in the agreement would govern the employment relationship between the parties.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established