DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3286)

THE TRUSTEE FOR STATEWIDE STEELFIXING TRUST T/AS STATEWIDE STEELFIXING (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 OCTOBER 2019

Application for approval of The Trustee for Statewide Steelfixing Trust T/As Statewide Steelfixing (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Trustee for Statewide Steelfixing Trust T/As Statewide Steelfixing (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement between The Trustee for Statewide Steelfixing Trust and the union. The dispute was heard in the Fair Work Commission. The central legal issues revolved around whether the collective agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the process through which it was negotiated and the rights of employees to be involved in that process.

The Fair Work Commission examined the evidence presented regarding the negotiation process and the extent to which employees were involved. It assessed whether the agreement met the criteria for approval, including whether it was made in good faith and whether it complied with procedural fairness. The union argued that the agreement was negotiated appropriately and that employees had been adequately involved, while the trustee contested certain aspects of the negotiation process.

After thorough consideration of the evidence, the Fair Work Commission found that the agreement was appropriately negotiated and that employees had been involved in a manner consistent with the Act. The Commission determined that the agreement complied with all relevant statutory requirements and was therefore approved. This decision ensures that the collective agreement can be implemented as intended, providing a framework for the employment terms between the parties.

The Fair Work Commission ordered the approval of the collective agreement between The Trustee for Statewide Steelfixing Trust and the Construction, Forestry, Maritime, Mining and Energy Union for the period 2018-2019. This ruling permits the agreement to be enforced and sets the terms under which it will operate, subject to the conditions and provisions outlined in the agreement itself.

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