DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1328)

RAW STEEL FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 MAY 2019

Application for approval of the Raw Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Raw Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (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 9 May 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Raw Steel Fixing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission, which is Australia’s workplace relations tribunal. The applicant, Raw Steel Fixing, sought the approval of the enterprise agreement which had been negotiated with the union, aiming to formalise the terms and conditions of employment for the employees within their enterprise.

The legal issues before the Commission were whether the enterprise agreement met the requirements set out under the Fair Work Act 2009, particularly regarding the process through which it was negotiated and whether it provided for the minimum entitlements as stipulated by the Act. Key points of contention included whether the agreement was made in good faith and whether it provided for the safety net of minimum entitlements for employees.

The Fair Work Commission found that the enterprise agreement had been negotiated in good faith and that it did provide for the minimum entitlements required by law. The Commission acknowledged the efforts made by both parties to reach an agreement that balanced the interests of the employees with the operational needs of the employer. It was noted that the agreement included provisions that went beyond the statutory minimums, such as additional leave entitlements and specific conditions for certain classifications of workers. Therefore, the Commission approved the application for the enterprise agreement to be registered.

The final orders of the Commission were that the Raw Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered. This registration is effective as of the date of the decision and sets the terms and conditions for the employees covered by the agreement.

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