DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1802)

THE STEELFIXING GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 JULY 2020

Application for approval of The Steelfixing Group Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as The Steelfixing Group 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). 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 14 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 Steelfixing Group Pty Ltd applied to the Fair Work Commission for approval of a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU opposed the application, arguing that the agreement did not comply with certain provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The legal issues before the Commission included whether the agreement adequately provided for the protection of employees' rights and interests, the avoidance of industrial action, and the resolution of workplace disputes. The Commission also considered whether the agreement was consistent with relevant minimum standards and whether it contained any terms that were contrary to public policy or otherwise invalid.

The Fair Work Commission found that the agreement did not adequately address several key issues, including the protection of employees' rights to freedom of association and the avoidance of industrial action. The Commission also identified issues with the agreement's provisions on dispute resolution and the protection of employees' entitlements. The Commission concluded that the agreement did not meet the legal requirements for approval and dismissed the application. The Commission's decision was based on a detailed analysis of the agreement's terms and the relevant legal provisions, as well as consideration of the parties' submissions and evidence. The Commission's decision was final and binding, and could not be appealed except on limited grounds.

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