DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5856)

STEEL CONNECT 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, 8 JULY 2021

Application for approval of the STEEL CONNECT 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 STEEL CONNECT 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 15 July 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

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Subcontractors Steelfixing Enterprise Agreement 2020-2023 between the CFMEU and Steel Connect Pty Ltd. The case was heard in the Fair Work Commission, which is responsible for regulating Australian workplace relations. The union argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009. The employer, on the other hand, contested the approval on the basis that the agreement did not meet the necessary requirements under the Act.

The main legal issue before the commission was whether the agreement met the statutory requirements for approval. This involved examining the process by which the agreement was made, the bargaining process, and whether the agreement contained the necessary minimum terms and conditions. The commission considered whether the union had genuinely bargained with the employer, and whether the agreement contained all the required minimum terms and conditions as set out in the Fair Work Act.

The commission found that the agreement had been made in good faith and that the union had genuinely bargained with the employer. The commission also found that the agreement contained all the necessary minimum terms and conditions. The commission was satisfied that the agreement met the statutory requirements for approval. The commission approved the agreement, finding that it was in the best interests of the employees covered by the agreement.

The commission's decision was based on the evidence presented to it, and the commission found that the agreement was fair and reasonable. The commission approved the agreement, and it will now be binding on the parties. The employer and the union will be required to comply with the terms of the agreement, which will govern the employment of the employees covered by the agreement.

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