DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4737)

PMJ STEELFIXING PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 19 DECEMBER 2019

Application for approval of the PMJ STEELFIXING PTY LTD/CFMEU South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the PMJ STEELFIXING PTY LTD/CFMEU South Australia Enterprise Agreement 2019 (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 26 December 2019. The nominal expiry date of the Agreement is 30 June 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 an enterprise agreement between PMJ Steelfixing Pty Ltd and the union. The application was heard by the Fair Work Commission. The primary dispute centred around the terms and conditions outlined in the proposed agreement, specifically whether it met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement was made in good faith, provided for the proper classification of employees, and included adequate processes for the resolution of workplace disputes. The union argued that the agreement was fair and reasonable, while PMJ Steelfixing Pty Ltd contended that certain provisions did not align with the requirements of the Act.

The Fair Work Commission assessed the agreement against statutory criteria, including whether it provided for a proper balance between the interests of employers and employees. The Commission found that the agreement met the necessary standards and was made in good faith. It held that the terms were fair and reasonable, and provided for adequate processes for dispute resolution. Consequently, the application for approval was successful.

The Commission approved the PMJ Steelfixing Pty Ltd/CFMEU South Australia Enterprise Agreement 2019, effective from the date of the decision.

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