DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6183)

TITAN STEELFIXING PTY LTD / CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER O’NEILL	MELBOURNE, 23 JULY 2021

Application for approval of the Titan Steelfixing Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Titan Steelfixing Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2021. The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of the Titan Steelfixing Pty Ltd / CFMEU South Australia Greenfield Enterprise Agreement 2021 with the Fair Work Commission. Titan Steelfixing Pty Ltd, an employer in the steel fixing industry, and the CFMEU, representing the employees, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions set out in the agreement, including wage rates, working hours, leave entitlements, and other employment-related provisions.

The legal issues before the court required determining whether the agreement met the formal requirements for registration under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it contained only matters that were bargainable, and whether it complied with the procedural requirements set forth in the Act. Additionally, the court had to consider whether the agreement provided for a fair and reasonable outcome for both the employer and the employees.

In its reasoning, the court examined the process by which the agreement was negotiated and the content of the agreement itself. The court noted that the agreement had been the result of good faith negotiations between the parties and contained only matters that were appropriate for bargaining. Furthermore, the court found that the agreement complied with all procedural requirements, including the provision of necessary documentation and the opportunity for employee consultation. The court concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. As a result, the court approved the agreement, and it was registered as a registered enterprise agreement under the Fair Work Act 2009.

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