DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2793)

G KALSBEEK PTY LTD (T/AS CR & SS) AND CFMEU ACT STEEL-FIXING AND POST-TENSIONING SECTOR AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 OCTOBER 2020

Application for approval of the G Kalsbeek Pty Ltd (t/as CR & SS) and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the G Kalsbeek Pty Ltd (t/as CR & SS) and CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 8 October 2020. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of a sector agreement with G Kalsbeek Pty Ltd (t/as CR & SS). The matter was heard in the Fair Work Commission, where the central dispute revolved around the terms and conditions of employment within the steel-fixing and post-tensioning sector, as well as the dispute resolution mechanisms stipulated in the proposed agreement.

The legal issues before the Commission involved the scrutiny of the agreement's compliance with the Fair Work Act 2009, particularly sections pertaining to the approval of enterprise agreements, and the necessity for the agreement to meet the better-off-overall test. Additionally, the Commission had to consider whether the agreement provided adequate dispute resolution processes and whether it adhered to the provisions regarding protected industrial action.

In delivering its decision, the Commission examined the specifics of the proposed agreement, assessing the various terms and conditions, benefits, and protections offered to the employees. It determined that the agreement satisfied the better-off-overall test, providing overall improvements in the employees' conditions. The Commission also found that the dispute resolution mechanisms were fair and met the requirements of the Act. Consequently, the Commission approved the agreement, recognising its compliance with the statutory obligations and its benefits to the workforce.

The final orders included the approval of the CFMEU ACT Steel-Fixing and Post-Tensioning Sector Agreement 2019, effective from the date of the Commission's decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding between the parties.

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