DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/543)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 MARCH 2019

Application for approval of the STEEL FORCE STEEL FIXING GROUP 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 STEEL FORCE STEEL FIXING GROUP 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 21 March 2019. The nominal expiry date of the Agreement is 30 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between the Construction, Forestry, Maritime, Mining and Energy Union and Steel Force Steel Fixing Group Pty Ltd pertains to the approval of the Enterprise Agreement 2016-2018. The dispute was heard in the Fair Work Commission, where the primary legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The central focus was on whether the agreement contained provisions that could be deemed to unfairly disadvantage employees and whether it complied with the minimum standards prescribed by the Act.

The Fair Work Commission assessed the agreement based on several statutory criteria. It examined whether the agreement provided for fair and reasonable terms and conditions, including remuneration and other employment terms. The Commission also looked into whether the agreement included provisions for minimum allowable working hours, penalties for breaches, and whether it complied with the provisions regarding casual employment and shift work. Furthermore, the Commission considered the process by which the agreement was made, including whether it was made in good faith and whether it was genuinely an agreement between the employer and the employees.

Upon review, the Fair Work Commission found that the Enterprise Agreement 2016-2018 complied with the statutory requirements. The agreement was deemed to be fair and reasonable, providing for adequate terms and conditions that met the minimum standards. The process by which the agreement was made was also found to be in good faith, with evidence of genuine negotiations between the employer and the employees. Consequently, the Commission approved the agreement, recognising its compliance with the necessary legislative criteria.

The Fair Work Commission approved the Enterprise Agreement 2016-2018 between Steel Force Steel Fixing Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The Commission's decision was based on its determination that the agreement met the statutory requirements for approval, including its fairness, compliance with minimum standards, and the genuine negotiation process.

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