DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1856)

UNREAL STEEL WORKFORCE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 JULY 2020

Application for approval of the Unreal Steel Workforce Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Unreal Steel Workforce Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 23 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Unreal Steel Workforce Pty Ltd. The matter came before the Fair Work Commission and concerned the approval of a collective agreement between the parties, titled the Unreal Steel Workforce Pty Ltd / CFMEU Collective Agreement 2019-2022. The CFMEU sought approval of the agreement, which outlined various terms and conditions of employment for the workers under the agreement. Unreal Steel Workforce Pty Ltd did not oppose the application.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the provision of information and the opportunity for employees to be represented by their chosen representative. The CFMEU argued that the agreement was valid and should be approved, while Unreal Steel Workforce Pty Ltd did not contest the application.

The Commission found that the agreement met the necessary legal requirements. The Commission considered the information provided by the CFMEU and found that it was sufficient and appropriately detailed the terms and conditions of employment. Furthermore, the Commission was satisfied that the agreement provided for the opportunity for employees to be represented by their chosen representative, as required by the Act. In light of these findings, the Commission approved the collective agreement.

The Fair Work Commission approved the Unreal Steel Workforce Pty Ltd / CFMEU Collective Agreement 2019-2022. The Commission found that the agreement complied with the requirements of the Fair Work Act 2009 and was therefore valid and should be approved.

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