DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3297)

AZ IRON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 SEPTEMBER 2019

Application for approval of the AZ IRON PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the AZ IRON PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (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 16 September 2019 and, in accordance with s 54, will operate from 23 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Enterprise Agreement between AZ Iron Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2016 to 2018. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for being a "registered" agreement under the legislation. The applicants, AZ Iron Pty Ltd and the CFMEU, sought the Commission's approval to formalise the agreement as a legally binding contract between the parties.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act and if it was free from any invalid provisions that would render it unenforceable. Additionally, the Commission had to consider if the agreement was made in good faith and whether it provided for a fair and equitable process for resolving workplace issues. The applicants needed to demonstrate that the agreement was not only fair and reasonable but also met all legislative criteria for registration.

In rendering its decision, the Commission meticulously examined the contents of the agreement, focusing on its compliance with the statutory requirements. The Commission found that the agreement included all necessary mandatory terms and was free from invalid provisions. Furthermore, the agreement was deemed to have been made in good faith, with provisions that ensured a fair and equitable process for resolving workplace disputes. Consequently, the Commission approved the agreement, finding it to be compliant with all legislative requirements.

The Commission's final order was that the Enterprise Agreement between AZ Iron Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018 be approved and registered under the Fair Work Act 2009. This decision validated the agreement as a binding contract, effective from the date of approval.

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