Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2081)

THE STEELFIXING GROUP NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2023

Application for approval of the The Steelfixing Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2023

An application has been made for approval of a greenfields agreement known as the The Steelfixing Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the by the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2023. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and The Steelfixing Group NSW Pty Ltd. The dispute centred around the application for the approval of a collective agreement between the two parties for the period of 2019 to 2023. The Fair Work Commission was tasked with assessing whether the agreement met the legal standards and requirements set forth by the Fair Work Act 2009.

The legal issues at hand primarily revolved around the procedural fairness of the agreement and its compliance with the statutory requirements of the Fair Work Act. The Commission had to determine whether the agreement was made in good faith, whether it was negotiated fairly, and if the terms of the agreement were reasonable. Additionally, the Commission considered whether the agreement would promote workplace harmony and whether it would be in the best interests of the employees and the employer.

In delivering its decision, the Commission meticulously reviewed the evidence and submissions provided by both parties. It examined the negotiation process, the content of the agreement, and the context in which it was made. The Commission found that the agreement was made in good faith and was the result of fair negotiations. It concluded that the terms of the agreement were reasonable and would promote workplace harmony. The Commission was satisfied that the agreement was in the best interests of the employees and the employer. Consequently, the Commission approved the application for the collective agreement to be registered.

The Fair Work Commission's final order was that the The Steelfixing Group NSW Pty Ltd / CFMEU Collective Agreement 2019-2023 be approved and registered under the Fair Work Act. This decision provided certainty and stability to both the employer and the employees, ensuring that the terms of the agreement would govern their industrial relations for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established