DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3987)

J SIMOS STEEL FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JANUARY 2021

Application for approval of the J SIMOS STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the J SIMOS STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, J Simo's Steel Fixing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval of their Enterprise Agreement from 2020 to 2023. The Fair Work Commission (FWC) was the court in this case. The dispute revolved around whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of being free from any discriminatory provisions.

The primary legal issue the FWC had to address was whether the Enterprise Agreement contained any terms that discriminated against employees based on their employment status, in this case, distinguishing between permanent and casual workers. The FWC needed to ensure that the agreement complied with the Act's mandate for fair and equitable treatment of all employees, regardless of their employment status.

The FWC examined the terms of the agreement and found that while there were differences in the terms and conditions for permanent and casual workers, these differences were not discriminatory. The differences were based on the nature of the work and the respective roles and responsibilities of the employees. The FWC concluded that the agreement did not contravene the Act and approved the proposed Enterprise Agreement. The FWC's decision was based on the understanding that the differences in the agreement were reasonable and necessary to accommodate the different needs of permanent and casual workers.

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