DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/260)

BLUE STEEL AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 FEBRUARY 2020

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Blue Steel Australia Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 February 2020 and, in accordance with s 54, will operate from 24 February 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 matter before the Fair Work Commission concerned the approval of a proposed collective agreement between Blue Steel Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The applicant, Blue Steel, sought approval of the agreement which had been negotiated between the parties. The CFMEU supported the application, while objecting parties raised concerns about specific provisions in the agreement.

The legal issues before the Commission included whether the agreement complied with the relevant statutory requirements, and whether any of its provisions were contrary to public policy or unfair to employees. The objecting parties argued that certain clauses in the agreement were overly restrictive and detrimental to employees, particularly in relation to the regulation of work hours and the imposition of additional duties. The Commission had to assess whether these provisions were reasonable and in line with the broader objectives of the Fair Work Act.

The Fair Work Commission examined the provisions of the agreement in detail, considering the context of the negotiations and the specific circumstances of the industry. The Commission found that, while some clauses required modification to better protect employee rights, the overall agreement reflected a fair balance between the interests of the employer and the employees. After making appropriate amendments to the contested provisions, the Commission approved the agreement with conditions. This decision ensured that the agreement complied with the statutory requirements and was fair to all parties involved.

The final orders included the approval of the amended collective agreement, subject to specific conditions that addressed the concerns raised by the objecting parties. These conditions aimed to safeguard employee rights and ensure that the agreement operated fairly and within the bounds of the law. The decision highlighted the importance of balancing the interests of employers and employees while maintaining compliance with the Fair Work Act.

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