DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3312)

BEENLEIGH STEEL FABRICATIONS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 NOVEMBER 2020

Application for approval of the Beenleigh Steel Fabrications Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Beenleigh Steel Fabrications Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (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 20 November 2020. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was asked to approve a Union Collective Agreement (the Agreement) between the applicant union and Beenleigh Steel Fabrications Pty Ltd. The union sought to have the Agreement, which had been negotiated and agreed to by the parties, registered as a modern award. The employer opposed the application, arguing that the Agreement did not comply with various sections of the Fair Work Act 2009. The dispute was heard and determined by the Fair Work Commission.

The key legal issues before the Commission were whether the Agreement met the requirements of sections 233 and 234 of the Fair Work Act, which pertain to the form and content of an agreement, and whether the Agreement was consistent with the Fair Work Act's objectives and public interest considerations. The Commission considered the arguments of both parties, including the employer's contention that the Agreement did not comply with the requirement to provide for a specific minimum number of hours of work and the union's argument that such a requirement was not necessary in the context of the industry and bargaining arrangements. The Commission also considered whether the Agreement was consistent with the Fair Work Act's objectives of promoting high levels of employment and avoiding industrial action.

After reviewing the evidence and arguments, the Commission found that the Agreement did comply with the requirements of sections 233 and 234 of the Fair Work Act. The Commission was satisfied that the Agreement was in the best interests of the employees covered by it and was consistent with the objectives and public interest considerations of the Fair Work Act. The Commission noted that the Agreement provided for fair and reasonable terms and conditions of employment, including provisions for overtime and shift penalties, and that it was consistent with industry standards and practices. The Commission also found that the Agreement did not require a specific minimum number of hours of work, as this was not appropriate in the context of the industry and bargaining arrangements.

Accordingly, the Commission approved the Agreement as a modern award. The employer's application to oppose the registration of the Agreement was dismissed. The Fair Work Commission's decision provides guidance on the requirements for approving a Union Collective Agreement as a modern award and the considerations that the Commission takes into account in making such a decision. The decision also highlights the importance of ensuring that modern awards are consistent with the objectives and public interest considerations of the Fair Work Act and provide fair and reasonable terms and conditions of employment for employees.

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