DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6766)

VICTORIAN STEEL PTY. LTD. T/AS VICTORIAN STEEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 AUGUST 2021

Application for approval of the VICTORIAN STEEL PTY. LTD. T/As VICTORIAN STEEL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the VICTORIAN STEEL PTY. LTD. T/As VICTORIAN STEEL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 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 6 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Victorian Steel Pty Ltd trading as Victorian Steel Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of their Enterprise Agreement 2020-2023 from the Fair Work Commission. The application was heard by the Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The nature of the dispute centred on the fairness and compliance of the proposed agreement with the statutory requirements for enterprise agreements.

The primary legal issues for the Commission to decide were whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it complied with the Fair Work Act's provisions. The Commission also had to consider whether the agreement provided for proper bargaining and if it contained the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the Commission had to assess if the agreement was free from any invalid provisions that might render it non-compliant.

The Commission examined the evidence and submissions from both parties, finding that the agreement was genuinely an enterprise agreement made in good faith. The Commission determined that the agreement was properly bargained and contained all the required minimum terms and conditions. After careful consideration of the evidence, the Commission concluded that the agreement complied with the Fair Work Act and was therefore approved.

In approving the agreement, the Commission made an order under section 235 of the Fair Work Act 2009 that the Application for approval of the Victorian Steel Pty Ltd T/As Victorian Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 is approved. The agreement will now be registered by the Registrar of the Fair Work Commission and will have effect as a registered agreement from the date of the Commission's decision.

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