DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/323)

CITY STEEL PTY. LTD./ CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 FEBRUARY 2020

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

[1] An application has been made for approval of an enterprise agreement known as the City 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). 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 2 March 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

The case before the Fair Work Commission involved an application for the approval of a collective agreement between City Steel Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The primary dispute centred on the terms of the agreement, particularly those related to employment conditions and the rights and obligations of both the employer and the union. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included the adequacy of the agreement in providing for minimum entitlements, the compliance of the agreement with the provisions of the Fair Work Act, and whether the agreement had been genuinely negotiated. The Commission needed to assess if the agreement contained terms that were unfair or unreasonable and whether it provided for appropriate dispute resolution mechanisms. Another key issue was whether the agreement adequately protected the interests of employees while also allowing for the efficient operation of the employer's business.

In examining the agreement, the Commission considered the statutory requirements for minimum entitlements, the principles of good faith bargaining, and the need for a balance between the rights of employers and employees. The Commission found that the agreement contained terms that were fair and reasonable, providing for adequate protections for employees while allowing for flexibility in the operation of City Steel Pty. Ltd. The Commission was satisfied that the agreement had been genuinely negotiated and that it met the criteria for approval under the Fair Work Act. The Commission approved the agreement, highlighting the importance of the collaborative approach taken by both parties in reaching a fair and workable outcome.

The Fair Work Commission's decision affirmed the approved terms of the collective agreement between City Steel Pty. Ltd. and the CFMEU, effective from the specified period. The Commission's approval was based on its finding that the agreement complied with the statutory requirements and balanced the interests of both parties. This decision provided clarity for both the employer and the union regarding the terms of their industrial relationship for the specified period, ensuring that the agreement would operate in a manner that was fair and beneficial for all involved.

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