DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4440)

EA STEEL PTY LTD /CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 APRIL 2021

Application for approval of the EA STEEL PTY LTD /CFMEU South Australia Greenfield Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the EA STEEL PTY LTD /CFMEU South Australia Greenfield Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 19 April 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the EA STEEL PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2021. The matter was heard by the Fair Work Commission, with the applicant being EA STEEL PTY LTD, and the respondent being the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment within the enterprise agreement, specifically whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved determining if the enterprise agreement contained all the mandatory terms required by the Fair Work Act and whether it provided for a safety net of minimum wages and conditions. Additionally, the court had to consider if the agreement met the genuine bargain test and whether it was procedurally fair. The parties also debated whether the agreement included appropriate mechanisms for dispute resolution.

In its decision, the Fair Work Commission examined the content of the enterprise agreement against the statutory requirements. The court found that the agreement did encompass all the necessary mandatory terms and provided a safety net for employees. It was also determined that the agreement met the genuine bargain test, as it was entered into voluntarily without any duress or coercion. Furthermore, the agreement included appropriate mechanisms for dispute resolution, which were deemed fair and effective. Consequently, the court approved the EA STEEL PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2021, finding it to be in compliance with the Fair Work Act.

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