DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4273)

MACK STEEL FIXING ACT PTY LTD AND CFMEU ACT STEEL-FIXING SECTOR AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 NOVEMBER 2019

Application for approval of the Mack Steel Fixing ACT 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 a greenfields agreement known as the Mack Steel Fixing ACT Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 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 of the Act, will operate from 28 November 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the approval of the Mack Steel Fixing ACT Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019. The primary dispute revolves around whether the agreement meets the criteria for registration under the Fair Work Act 2009, specifically in terms of its provisions regarding employee representation and dispute resolution.

The court had to determine whether the agreement appropriately balanced the rights of the employer to manage its business and the rights of employees to be represented by their union. Key issues included the adequacy of the provisions concerning union access to the workplace and the processes for resolving disputes that might arise between the employer and employees. The court also examined whether the agreement complied with the requirements for genuine bargaining as stipulated in the Act.

The Fair Work Commission found that the agreement adequately provided for union access and the resolution of disputes, ensuring it met the statutory requirements for genuine bargaining. The Commission concluded that the agreement was fair and appropriate, balancing the rights of both the employer and employees. The agreement was subsequently approved and registered under the Fair Work Act 2009.

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