DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6541)

QA STEEL FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 AUGUST 2021

Application for approval of the QA STEEL FIXING 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 QA STEEL FIXING 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 23 August 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

The matter before the court involved an application for approval of a Subcontractors Steelfixing Enterprise Agreement between QA Steel Fixing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The applicant, QA Steel Fixing Pty Ltd, sought the court's approval of the enterprise agreement under the Fair Work Act 2009, as it had been unable to reach a resolution with the union through direct bargaining. The legal issues before the court centred on whether the enterprise agreement met the requirements of the Fair Work Act, specifically whether it was in the best interests of the employees and whether it complied with the relevant provisions of the Act.

The court considered various factors in making its decision, including whether the agreement provided fair and reasonable terms and conditions for the employees, whether it was free from any coercion or undue influence, and whether it complied with the procedural requirements of the Fair Work Act. The court also examined the evidence presented by both parties and the submissions made during the hearing. After careful consideration, the court found that the agreement was in the best interests of the employees and complied with the requirements of the Act. The court was satisfied that the agreement provided fair and reasonable terms and conditions for the employees, and that it had been negotiated in good faith.

In light of the court's findings, it approved the Subcontractors Steelfixing Enterprise Agreement 2020-2023 between QA Steel Fixing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement was deemed to be in the best interests of the employees and complied with the requirements of the Fair Work Act. The orders made by the court provided for the agreement to be registered and enforceable as a registered agreement under the Act. This decision provided clarity and certainty for both parties, allowing them to move forward with the implementation of the agreed terms and conditions.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established