DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4243)

LOADED STEEL FIXING PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 MARCH 2021

Application for approval of the Loaded Steel Fixing Pty Ltd/CFMEU South Australia Greenfield Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Loaded Steel Fixing 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 5 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 Construction, Forestry, Maritime, Mining and Energy Union brought an application for approval of the Loaded Steel Fixing Pty Ltd/CFMEU South Australia Greenfield Enterprise Agreement 2021. The dispute arose because the Fair Work Commission, which was responsible for approving the enterprise agreement, had not acted within the time limits set by the Fair Work Act 2009. The court was required to determine whether the Commission had met its obligations and whether the agreement could be approved.

The central legal issue before the court was whether the Fair Work Commission had failed to approve the enterprise agreement within the time limits set by the Fair Work Act. Additionally, the court needed to consider whether, despite the delay, the agreement could still be approved on the merits. The court also examined whether the delay had prejudiced the parties and whether there were any other factors that should be considered in approving the agreement.

The court found that the Fair Work Commission had indeed failed to meet the statutory time limits for approving the enterprise agreement. However, it was determined that the delay did not prejudice either party and that the merits of the agreement warranted approval. The court emphasised the importance of timely processing of enterprise agreements but also recognised the value of reaching agreements that benefit both employers and employees. Consequently, the court approved the enterprise agreement, notwithstanding the procedural delay.

The final orders of the court included the approval of the Loaded Steel Fixing Pty Ltd/CFMEU South Australia Greenfield Enterprise Agreement 2021. The court also directed the Fair Work Commission to take steps to ensure compliance with the statutory time limits in future proceedings. Additionally, the court encouraged both parties to work together to prevent similar delays in the future.

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