DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5791)

TRANSFIXT REINFORCING PTY LTD T/AS TRANSFIXT REINFORCING STRUCTURAL SPECIALISTS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the TRANSFIXT REINFORCING PTY LTD T/As TRANSFIXT REINFORCING STRUCTURAL SPECIALISTS 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 TRANSFIXT REINFORCING PTY LTD T/As TRANSFIXT REINFORCING STRUCTURAL SPECIALISTS 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-Construction and General Division. 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 23 November 2018. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Transfixt Reinforcing Pty Ltd trading as Transfixt Reinforcing Structural Specialists and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made before the Fair Work Commission, the administrative tribunal responsible for regulating workplace relations in Australia. The crux of the dispute centres on whether the proposed enterprise agreement complies with the requirements of the Fair Work Act 2009 and whether it meets the standards of good faith bargaining and fairness.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it adhered to the statutory framework provided by the Fair Work Act. The Commission needed to consider if the agreement contained terms and conditions that were fair and reasonable, and whether the process of negotiation was conducted in good faith. Additionally, the Commission had to ensure that the agreement did not undermine the existing industrial awards and that it did not have the effect of disadvantaging any party.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the agreement was indeed genuinely negotiated and met the statutory requirements. The Commission concluded that the process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission also determined that the agreement did not undermine the relevant industrial awards and did not disadvantage any party. Consequently, the Commission approved the enterprise agreement.

The final order of the Commission was that the Transfixt Reinforcing Pty Ltd T/As Transfixt Reinforcing Structural Specialists and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. This decision affirmed the validity of the agreement and ensured that it would be enforceable between the parties.

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