DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6411)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 AUGUST 2021

Application for approval of the EXTREME 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 EXTREME 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 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 13 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Extreme Steel Fixing Pty Ltd applied for the approval of a new enterprise agreement. The agreement, which was to cover the period from 2020 to 2023, aimed to regulate the terms and conditions of employment for subcontractors within the steel fixing industry. The application was made under the Fair Work Act 2009, which requires the Commission to ensure that such agreements meet certain criteria to be deemed appropriate for registration.

The primary legal issues before the Commission involved verifying whether the agreement complied with the statutory requirements for registration. This included ensuring that the agreement had been made freely and fairly without any duress or coercion, that it contained the minimum terms and conditions as prescribed by the Act, and that it did not discriminate against any group of employees. The Commission also had to assess if the agreement adequately facilitated the efficient operation of the business and if it met the broader objectives of the Act, including promoting high levels of employment and industrial harmony.

Upon examining the evidence and submissions presented, the Commission found that the agreement was appropriately negotiated and met the statutory criteria for registration. The Commission noted that both parties had demonstrated a commitment to reaching a fair and reasonable agreement, and that the terms reflected a balance between the interests of the employees and the operational needs of the employer. The agreement was deemed to provide for fair and reasonable minimum terms and conditions, and it was consistent with the broader objectives of the Act. Consequently, the Commission approved the agreement for registration, ensuring that it would be legally binding from the specified commencement date.

The final orders included the approval of the Extreme Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023, subject to the terms being in effect from the date of the decision. The agreement was to be registered and would apply to all subcontractors engaged by Extreme Steel Fixing Pty Ltd within the relevant industry, ensuring that it provided a framework for fair and reasonable employment terms.

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