DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/763)

IRON BORN PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2020

Application for approval of the Iron Born Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Iron Born 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 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 3 April 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) applied for the approval of the Iron Born Pty Ltd / CFMEU Collective Agreement 2019-2022. The applicant union and Iron Born Pty Ltd, a company in the iron ore mining industry, had negotiated and signed the agreement which was to govern the employment conditions of workers employed by the respondent company. The Fair Work Commission (FWC) was tasked with determining whether the agreement was in the public interest and should be approved and registered.

The legal issues before the FWC included whether the agreement was made in good faith, whether it was consistent with the national system of industrial relations, and whether it contained provisions that were contrary to the public interest. The FWC considered whether the agreement adequately protected the rights of employees, whether it provided fair and reasonable terms and conditions of employment, and whether it was consistent with the broader objectives of the Fair Work Act 2009.

The FWC found that the agreement was made in good faith and was consistent with the national system of industrial relations. The agreement contained provisions that were fair and reasonable and did not contain any terms that were contrary to the public interest. The FWC noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, penalties for breaches, and mechanisms for dispute resolution. The FWC was satisfied that the agreement was in the public interest and approved and registered it.

The FWC made orders approving and registering the Iron Born Pty Ltd / CFMEU Collective Agreement 2019-2022. The agreement was to be in effect from 1 July 2019 to 30 June 2022 and applied to all employees of Iron Born Pty Ltd who were members of the CFMEU. The FWC's decision provides clarity and certainty for both the union and the company in relation to the terms and conditions of employment for the relevant employees.

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