DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2035)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the CPS Steelfixing Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[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.

[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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of an agreement between the union and CPS Steelfixing Pty Ltd, regarding the terms of employment for workers in the steel-fixing sector in the Australian Capital Territory. The application was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009 (Cth). The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, particularly whether it promoted harmonious, productive and cooperative workplace relationships.

The Commission found that the agreement did indeed promote harmonious, productive and cooperative workplace relationships. The union and the employer had made a genuine attempt to reach an agreement that balanced the interests of both parties. The agreement included provisions for dispute resolution, training, and the protection of workers' rights, all of which the Commission considered to be in line with the objectives of the Act. The Commission also noted that the agreement had been negotiated in good faith and that there was no evidence of any undue influence or coercion.

In light of the above, the Commission approved the agreement, finding that it met the requirements of the Fair Work Act. The Commission considered the agreement to be a fair and reasonable one, which would promote better workplace relations and avoid unnecessary industrial disputes. The approval of the agreement will now allow the union and the employer to proceed with the implementation of its terms.

The Fair Work Commission approved the CPS Steelfixing Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2019, finding that it met the requirements of the Fair Work Act and would promote better workplace relations.

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