DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1232)

REFRACTORY INSTALLATIONS AUSTRALIA PTY LTD, THE EMPLOYEE AND THE CFMEU REFRACTORY ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2019

Application for approval of the REFRACTORY INSTALLATIONS AUSTRALIA PTY LTD, the Employee and the CFMEU Refractory Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the REFRACTORY INSTALLATIONS AUSTRALIA PTY LTD, the Employee and the CFMEU Refractory Enterprise Agreement 2017-2020 (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 7 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Refractory Enterprise Agreement 2017-2020 between Refractory Installations Australia Pty Ltd, an employee, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was sought to be approved under the Fair Work Act 2009, with the primary objective of establishing the terms and conditions of employment for the workforce within the refractory installations industry. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it was a genuine enterprise agreement and whether it contained the necessary provisions to ensure fair and effective bargaining.

The central legal issues the Commission had to address involved the authenticity of the bargaining process, the scope and content of the agreement, and compliance with statutory requirements. Specifically, the Commission needed to ascertain whether the agreement was genuinely negotiated between the parties, whether it contained the necessary minimum terms and conditions, and whether it adhered to the procedural fairness and disclosure obligations under the Fair Work Act. Furthermore, the Commission had to consider whether the agreement adequately addressed the interests of the employees and the employer, ensuring a balance that was fair and reasonable.

In reaching its decision, the Commission examined the evidence presented regarding the negotiation process and the contents of the agreement. The Commission found that the bargaining process was conducted in good faith and that the agreement was genuinely negotiated between the parties. It also found that the agreement contained all the required minimum terms and conditions and was fair and reasonable. The Commission concluded that the agreement was in compliance with all statutory requirements and therefore approved the Refractory Enterprise Agreement 2017-2020. The Commission's decision was grounded on the comprehensive evidence presented, which demonstrated the agreement's compliance with the Fair Work Act and its appropriateness as a genuine enterprise agreement.

The final orders of the Commission included the approval of the Refractory Enterprise Agreement 2017-2020, effective from the date of the decision. This approval was contingent upon the agreement being implemented in accordance with the terms set forth in the decision. The Commission directed that the agreement be lodged with the Fair Work Commission as required by the Fair Work Act, ensuring its availability for review and enforcement. The decision provided clarity and certainty for the parties involved, affirming the legitimacy of the agreement and its alignment with legislative standards.

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