DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6042)

UNREAL STEEL PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the Unreal Steel Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Unreal Steel Pty Ltd / CFMEU Collective Agreement 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 26 November 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, represented by its authorised officer, brought an application for the approval of the Unreal Steel Pty Ltd/CFME Union Collective Agreement 2018. Unreal Steel Pty Ltd, represented by its authorised officer, was the other party involved in the application. The nature of the dispute pertained to the terms and conditions of employment within the agreement, which were subject to scrutiny for compliance with the Fair Work Act 2009. The court required to decide on this matter was the Fair Work Commission, which has jurisdiction over such industrial relations disputes.

The primary legal issue before the court was whether the terms of the collective agreement were fair and reasonable in all respects, as required by section 234 of the Fair Work Act. This involved an examination of various aspects of the agreement, including the provisions on wages, hours of work, leave entitlements, and other employment conditions. The court also had to consider whether the agreement met the requirements for being a registered agreement, such as the process by which it was made and the involvement of relevant parties.

After thorough deliberation, the Fair Work Commission found that the agreement was fair and reasonable in all respects. The court was satisfied that the agreement met all statutory requirements, including the process by which it was made and the terms it contained. The Commission noted that the agreement had been negotiated in good faith and that the terms were appropriate given the nature of the industry and the parties' respective positions. The court also found that the agreement did not unfairly disadvantage any party and provided for a fair and reasonable balance of rights and obligations between the employer and the employees. The Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

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