DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4362)

CITY STEELFIXING PTY LTD AND CFMEU ACT STEEL-FIXING SECTOR AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 NOVEMBER 2019

Application for approval of the City Steelfixing Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the City Steelfixing Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019 (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 28 November 2019 and, in accordance with s 54, will operate from 5 December 2019. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of an agreement reached with City Steelfixing Pty Ltd, which outlines the terms of employment for steelfixers in the Australian Capital Territory. The dispute was heard in the Fair Work Commission. The central legal issue was whether the terms and conditions of the proposed agreement were fair and reasonable, and if the agreement met the requirements for approval under the Fair Work Act 2009.

The Commission examined the specific provisions of the agreement, including wages, hours of work, and other employment conditions. It considered whether the agreement provided for fair and reasonable terms and conditions in line with the principles of the Act. The Commission also assessed if the agreement was made in good faith and if it complied with the relevant statutory provisions. The CFMEU argued that the agreement was fair and reasonable, while City Steelfixing Pty Ltd did not contest the fairness of the agreement but raised concerns about certain provisions.

After reviewing the evidence and arguments presented, the Commission found that the agreement met the statutory criteria for approval. It concluded that the terms and conditions were fair and reasonable, and that the agreement was made in good faith. The Commission noted that the agreement provided for appropriate wages and conditions, and that it was consistent with the principles of the Fair Work Act. The application for approval of the City Steelfixing Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019 was subsequently approved by the Commission.

The Commission made an order approving the agreement, which will now be binding on the parties involved. This decision provides clarity on the terms and conditions of employment for steelfixers in the Australian Capital Territory, and sets a precedent for future agreements in the sector.

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