DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/156)

ME STEEL REINFORCING PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the ME Steel Reinforcing PTY LTD/CFMEU South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the ME Steel Reinforcing PTY LTD/CFMEU South Australia Enterprise Agreement 2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of an enterprise agreement with ME Steel Reinforcing Pty Ltd. The dispute involved the terms of the proposed agreement, which was intended to regulate the employment conditions of workers within the company. The Fair Work Commission was the court that presided over the application.

The central legal issue was whether the terms of the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the provision of minimum wages and conditions. The CFMEU argued that the agreement met all statutory requirements, while ME Steel Reinforcing Pty Ltd contended that certain terms did not comply with the Act. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the proposed agreement largely complied with the statutory requirements of the Fair Work Act. It concluded that the agreement contained provisions that met or exceeded the minimum standards for wages and conditions. The Commission noted that while there were some areas of contention, these did not undermine the overall fairness of the agreement. Consequently, the Commission approved the agreement with minor modifications to address the identified issues.

The Fair Work Commission approved the ME Steel Reinforcing Pty Ltd/CFMEU South Australia Enterprise Agreement 2019, subject to minor modifications to ensure full compliance with the Fair Work Act. The modifications were made to address specific concerns raised during the review process, ensuring that the agreement met all necessary statutory requirements.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established