DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5797)

STEEL CITY GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JULY 2021

Application for approval of the Steel City Group Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Steel City Group Pty Ltd / CFMEU Collective Agreement 2019-2023 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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 brought an application for approval of the Steel City Group Pty Ltd / CFMEU Collective Agreement 2019-2023. The Steel City Group Pty Ltd, a respondent in the matter, contested the application, arguing that certain provisions within the agreement were not in compliance with the relevant legislative framework. The case centred on the interpretation and validity of several clauses within the collective agreement, particularly those relating to working conditions, pay rates, and dispute resolution mechanisms.

The legal issues before the commission included whether the provisions of the collective agreement complied with the Fair Work Act 2009 and associated regulations. Specifically, the commission had to determine if the agreement's terms regarding shift differentials, overtime entitlements, and the process for resolving workplace disputes were consistent with the statutory requirements and principles of good faith bargaining. Additionally, the commission examined if the agreement provided adequate protections for employees and whether it appropriately balanced the interests of both the employer and the union.

After reviewing the submissions and evidence presented by both parties, the commission found that the collective agreement contained provisions that did not comply with the Fair Work Act. The commission highlighted issues with the calculation of overtime entitlements and the dispute resolution mechanisms, determining that these elements failed to meet the statutory standards. Consequently, the commission did not approve the agreement in its entirety. The decision underscored the importance of ensuring that collective agreements adhere to the legal framework and protect the rights of employees.

The commission ordered that the Steel City Group Pty Ltd and the CFMEU revise the collective agreement to address the identified non-compliance issues. The parties were directed to resubmit a revised version of the agreement within a specified timeframe, ensuring that it met all legal requirements and appropriately balanced the interests of both parties.

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