DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1008)

THE TRUSTEE FOR WILLIAMS FAMILY TRUST T/AS STEEL STRUCTURES AUSTRALIA AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 16 APRIL 2019

Application for approval of the The Trustee for Williams Family Trust T/As Steel Structures Australia and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the The Trustee for Williams Family Trust T/As Steel Structures Australia 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). The Agreement is a single-enterprise agreement.

[2] The CFMMEU, 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 CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the agreement reached between the trustee for Williams Family Trust trading as Steel Structures Australia and the union, titled the CFMEU Union Collective Agreement 2018-2019. The primary dispute centred on whether the agreement met the necessary legal standards for approval and whether it was in the interests of the employees it represented. The case involved interpretation of various sections of the Fair Work Act 2009, focusing on the requirements for registration of an enterprise agreement and the criteria for assessing whether the agreement is in the interests of the employees.

The legal issues before the court included whether the agreement was genuinely an enterprise agreement as defined by the Fair Work Act, and if it complied with the procedural requirements for registration. Furthermore, the court had to assess if the agreement satisfied the "better off overall test," which mandates that employees be no worse off financially and have at least one additional benefit compared to the previous agreement or the applicable award. The court also needed to determine if the agreement was made in good faith and without coercion, as required by the Act.

The Fair Work Commission found that the CFMEU Union Collective Agreement 2018-2019 was a genuine enterprise agreement and fulfilled all the statutory requirements for registration. It was determined that the agreement was made in good faith and without coercion, and it met the better off overall test. The agreement provided employees with several benefits, including increased wages and improved working conditions, thus ensuring that employees were not worse off financially and had additional benefits. Consequently, the Commission approved the agreement.

The final orders of the Commission included the approval of the CFMEU Union Collective Agreement 2018-2019, effective from the date of the decision. The agreement was to be registered under the Fair Work Act, and it would govern the employment conditions of the employees within the enterprise. The Commission's decision emphasised the importance of ensuring that any collective agreement not only complies with the legal requirements but also genuinely benefits the employees it represents.

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