DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5541)

THE TRUSTEE FOR STATEWIDE STEELFIXING TRUST T/AS STATEWIDE STEELFIXING (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2021

Application for approval of The Trustee for Statewide Steelfixing Trust T/As Statewide Steelfixing (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Statewide Steelfixing Trust T/As Statewide Steelfixing (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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 28 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were The Trustee for Statewide Steelfixing Trust trading as Statewide Steelfixing (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute arose from an application for the approval of a collective agreement between the employer and the union. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the collective agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission considered the terms and conditions of the agreement, including pay rates, hours of work, and other employment-related matters. It also assessed whether the agreement provided for fair and reasonable terms and conditions of employment and whether it would promote harmonious, productive and cooperative workplace relations.

The Commission found that the collective agreement met the requirements of the Fair Work Act and was in the best interests of the employees. It noted that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate pay rates and conditions for different levels of employees. The Commission also found that the agreement promoted harmonious, productive and cooperative workplace relations, which was in line with the objectives of the Act. The Commission approved the collective agreement, which will now apply to the employees of Statewide Steelfixing (QLD) Pty Ltd for the period of 2020 to 2022. This decision provides clarity for both the employer and the union regarding the terms and conditions of employment for the relevant period.

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