DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6989)

TARINGA STEEL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2019

Application for approval of the Taringa Steel Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Taringa Steel Pty Ltd 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). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Taringa Steel Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The application was contested by Taringa Steel. The Fair Work Commission was required to determine whether the collective agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement promoted harmonious, productive and equitable workplace relations, and whether it provided for the prompt and equitable resolution of workplace disputes.

The Commission examined the agreement clause by clause, considering whether each provision met the legislative criteria. The CFMEU argued that the agreement was necessary to provide fair and equitable terms and conditions for its members, while Taringa Steel contended that certain provisions were excessive and not in line with the statutory objectives. After careful analysis, the Commission found that while the agreement contained some provisions that were not strictly necessary to meet the statutory objectives, the overall agreement did promote harmonious, productive and equitable workplace relations and provided for the prompt and equitable resolution of workplace disputes. The Commission approved the collective agreement, subject to certain modifications to address Taringa Steel's concerns.

The Fair Work Commission approved the Taringa Steel Pty Ltd and CFMEU Union Collective Agreement 2018-2019, subject to certain modifications. The modifications related to provisions concerning shift patterns, overtime entitlements, and dispute resolution mechanisms. The Commission determined that these changes were necessary to ensure the agreement complied with the statutory objectives under the Fair Work Act 2009. The CFMEU and Taringa Steel were directed to implement the approved agreement, with the modifications, within the specified timeframe. The Commission's decision provides guidance on the types of provisions that may be included in an approved collective agreement, and the balance that must be struck between promoting harmonious workplace relations and protecting employers' interests.

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