DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/717)

FORGED STEELE PTY LTD T-AS FORGED GROUP AUSTRALIA/CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 MARCH 2020

Application for approval of the Forged Steele Pty Ltd t-as Forged Group Australia/CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Forged Steele Pty Ltd t-as Forged Group Australia/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 2 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 sought approval of a collective agreement between itself and Forged Steele Pty Ltd t/as Forged Group Australia. The application was brought before the Fair Work Commission, where the Union argued that the agreement was in the best interests of the employees. Forged Group Australia contested the application on the basis that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement met the requirements for approval under section 232 of the Fair Work Act 2009. This section stipulates that an enterprise agreement must not have been made under duress, must not discriminate against any person, and must be in the best interests of the employees it covers. The Commission was required to determine whether the agreement met these criteria.

In assessing the agreement, the Commission considered the evidence provided by both parties. It found that the agreement did not discriminate against any person and had been made without duress. The Commission also found that the agreement was in the best interests of the employees it covered. It considered that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other benefits. The Commission approved the application, finding that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the application for approval of the Forged Steele Pty Ltd t/as Forged Group Australia/CFMEU Collective Agreement 2019-2022. The Commission found that the agreement met the statutory requirements for approval under the Fair Work Act 2009, and was in the best interests of the employees it covered. The agreement is now a legally binding enterprise agreement between the parties.

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