DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5952)

RAPID 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 LEE	MELBOURNE, 13 JULY 2021

Application for approval of the RAPID 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 RAPID 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[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 20 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and RAPID STEEL FIXING PTY LTD for the approval of their Subcontractors Steelfixing Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission (FWC), with the primary focus being the compliance of the agreement with the relevant legislative framework. The union and the company sought to ensure that the agreement would be recognised as a lawful and fair working arrangement under the Fair Work Act 2009.

The central legal issue before the FWC was whether the agreement met the criteria for approval as outlined in section 233 of the Fair Work Act. This involved examining the bargaining process, the terms and conditions stipulated in the agreement, and whether the agreement was made in good faith and without any coercion. Furthermore, the FWC had to assess whether the agreement contained the essential safety net protections as required by the Act.

In rendering its decision, the FWC meticulously reviewed the bargaining records and the contents of the agreement. The Commission found that the agreement was the product of genuine and independent negotiations between the parties. It determined that the agreement was made in good faith and that all procedural fairness requirements were satisfied. The FWC also confirmed that the agreement incorporated the minimum entitlements set out in the relevant modern awards, thereby meeting the essential safety net protections. As a result, the FWC approved the Subcontractors Steelfixing Enterprise Agreement 2020-2023, recognising it as a lawful and fair working arrangement.

The final orders included the approval of the agreement, which would now be applicable for the specified period. The union and the company were directed to implement the terms of the agreement in accordance with the Fair Work Act and the approved enterprise agreement itself. This decision reinforced the importance of fair and transparent bargaining processes in the formation of enterprise agreements.

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