DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1248)

M.L STEEL FIXING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MAY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the M.L Steel Fixing 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 22 May 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the M.L Steel Fixing Pty Ltd / CFMEU Collective Agreement 2019-2022. The agreement was submitted by the CFMEU as a greenfields agreement under the Fair Work Act 2009. M.L Steel Fixing Pty Ltd is a small business employing approximately 12 employees in the steel fixing industry. The CFMEU argued that the agreement would provide appropriate protections and benefits for the employees, considering the nature of the industry and the specific circumstances of the business.

The primary legal issue before the Commission was whether the collective agreement met the requirements of section 234 of the Fair Work Act, which mandates that an agreement be fair and reasonable, and not detrimental to the employees. The CFMEU had to demonstrate that the agreement was necessary to ensure appropriate protections and benefits for the employees, taking into account the specific circumstances of the industry and the business. The Commission had to assess the provisions of the agreement, including wages, hours of work, leave entitlements, and other employment conditions, to determine whether they were fair and reasonable.

The Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the business. The CFMEU argued that the agreement provided appropriate protections and benefits for the employees, considering the nature of the steel fixing industry and the specific circumstances of M.L Steel Fixing Pty Ltd. The Commission considered the evidence provided by the parties and found that the agreement was necessary to ensure appropriate protections and benefits for the employees. The Commission also found that the agreement did not contain any provisions that were detrimental to the employees.

The Fair Work Commission approved the M.L Steel Fixing Pty Ltd / CFMEU Collective Agreement 2019-2022, subject to certain modifications. The modifications related to the calculation of penalty rates for Sunday work and the provision of meal breaks. The CFMEU and M.L Steel Fixing Pty Ltd were required to negotiate and finalise the modifications within 28 days of the approval decision. The approval of the agreement provides certainty and stability for the employees and the business, and ensures that they are protected by appropriate employment conditions.

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