DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4092)

MASHAL FOLAD PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 MARCH 2021

Application for approval of the MASHAL FOLAD PTY LTD/CFMEU South Australia Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the MASHAL FOLAD PTY LTD/CFMEU South Australia Enterprise Agreement 2021 (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 26 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the Enterprise Agreement between Mashaal Folad Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union South Australia Branch. The company operates in the steel industry and the union represents the workers. The union sought to have the agreement approved under the Fair Work Act 2009 to ensure fair terms and conditions for the employees.

The primary legal issue before the Commission was whether the Enterprise Agreement met the "better off overall test" as prescribed in the Fair Work Act. This test requires that, on balance, the agreement must not disadvantage the employees. The Commission considered whether the proposed terms and conditions were fair and balanced, taking into account the interests of both the employer and the employees. It also examined whether the agreement contained provisions that were necessary to address specific workplace issues and whether these provisions complied with the statutory requirements.

The Commission found that the Enterprise Agreement satisfied the better off overall test. It noted that the agreement included provisions that were beneficial to the employees, such as provisions on wages, working conditions, and dispute resolution mechanisms. The Commission was satisfied that these provisions were necessary and reasonable in the context of the specific workplace. Furthermore, the agreement did not contain any terms that were detrimental to the employees, and it complied with all relevant statutory requirements. As a result, the Commission approved the Enterprise Agreement.

In approving the Enterprise Agreement, the Commission made orders that the agreement would be registered and become legally binding on the parties from the date of the decision. The agreement would then apply to all employees of Mashaal Folad Pty Ltd who were covered by the union's bargaining rights.

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