DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4743)

RE-N-FORCE STEEL 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 RE-N-FORCE STEEL PTY LTD/CFMEU South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the RE-N-FORCE STEEL 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). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that the 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(1) 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 case before the Fair Work Commission involved an application for the approval of the RE-N-FORCE STEEL PTY LTD/CFMEU South Australia Enterprise Agreement 2019. The dispute arose between the applicant, RE-N-FORCE STEEL PTY LTD, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) South Australia, representing the employees. The Commission was required to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission addressed were whether the agreement provided for terms and conditions of employment that were no worse off overall (NWOO) than the applicable award, and whether it complied with the procedural requirements for registration. Specifically, the Commission examined whether the agreement had been made in good faith, involved genuine bargaining, and had been certified as a bargain by an independent certifier.

In its reasoning, the Commission noted that the agreement had been certified as genuine by the Independent Australian Industrial Relations Commission. The Commission considered the NWOO test, which required that employees would not be worse off in terms of wages, conditions, or other entitlements under the agreement compared to the applicable award. The Commission found that the agreement met the NWOO test and did not contain any provisions that would disadvantage employees. Furthermore, the Commission was satisfied that the agreement was made in good faith and involved genuine bargaining. The Commission also confirmed that all procedural requirements for registration had been met.

The Commission approved the RE-N-FORCE STEEL PTY LTD/CFMEU South Australia Enterprise Agreement 2019, and it was registered accordingly. The decision emphasised the importance of meeting the statutory requirements for approval and ensuring that agreements provide fair terms and conditions for employees while also allowing for genuine bargaining between employers and unions.

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