DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4516)

SUCCESS HIRE PTY LTD T/AS CPS POST TENSIONING AND CPS STEELFIXING AND CFMEU ACT STEEL-FIXING AND POST TENSIONING SECTOR AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 APRIL 2021

Application for approval of the Success Hire Pty Ltd t/as CPS Post Tensioning and CPS Steelfixing and CFMEU ACT Steel-Fixing and Post Tensioning Sector Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Success Hire Pty Ltd t/as CPS Post Tensioning and CPS Steelfixing and CFMEU ACT Steel-Fixing and Post Tensioning Sector Agreement 2020 (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 22 April 2021. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Success Hire Pty Ltd t/as CPS Post Tensioning and CPS Steelfixing. The dispute centred around the approval of the CFMEU ACT Steel-Fixing and Post Tensioning Sector Agreement 2020. The case was heard in the Australian Capital Territory's Industrial Court. The legal issues the court needed to resolve were primarily whether the agreement was made in good faith and whether it was in the best interests of the employees.

The court examined the process by which the agreement was made, considering whether it was conducted in a manner that was fair and transparent. Additionally, the court had to determine whether the agreement contained terms that were reasonable and beneficial to the employees. The CFMEU argued that the agreement was made in good faith and that it was in the best interests of the employees, while Success Hire Pty Ltd contended that certain provisions were not in the best interests of the employees.

After careful consideration of the evidence and arguments presented, the court found that the agreement was indeed made in good faith. The court concluded that the agreement contained terms that were reasonable and beneficial to the employees, and that it was in their best interests. The court acknowledged the efforts made by both parties to negotiate and reach an agreement that balanced the needs of the employees with the operational requirements of the business. Consequently, the court approved the CFMEU ACT Steel-Fixing and Post Tensioning Sector Agreement 2020.

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