DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1460)

TSG STEEL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 JUNE 2020

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

[1] An application has been made for approval of a greenfields agreement known as the TSG Steel 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 12 June 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the TSG Steel Pty Ltd / CFMEU Collective Agreement 2019-2022. The applicant is a registered Australian Building and Construction Commission (ABCC) union and the respondent is an employer with employees covered by the agreement. The dispute arose under the Fair Work Act 2009 (Cth). The court was required to determine whether the agreement met the requirements of the Act for registration and whether it was in the interests of fair work.

The court examined the provisions of the agreement to determine whether they complied with the legislative requirements. The court noted that the agreement provided for the establishment of a bargaining committee to negotiate with the employer, and that the agreement contained provisions for the resolution of disputes. The court also considered the provisions for the protection of employees' rights and the promotion of fair work. The court found that the agreement met the requirements of the Act and was in the interests of fair work. The court also found that the agreement was not contrary to public policy.

The court approved the application for registration of the agreement. The court found that the agreement provided for the establishment of a bargaining committee, contained provisions for the resolution of disputes, and provided for the protection of employees' rights and the promotion of fair work. The court further found that the agreement was not contrary to public policy and was in the interests of fair work. The court approved the application for registration of the agreement, subject to the conditions set out in the Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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