DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5677)

IRON BORN PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Iron Born Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Iron Born 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 31 October 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

The case involved an application for the approval of the Iron Born Pty Ltd/CFMEU Collective Agreement 2018, heard by the Fair Work Commission. The applicant, Iron Born Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009, while the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) contested the application. The central dispute was whether the collective agreement met the statutory requirements for approval, including compliance with the Good Faith Bargaining provisions.

The primary legal issue before the Commission was whether the agreement could be certified as a protected action (PA) agreement. This required a determination of whether the agreement was made in good faith, and whether the terms of the agreement were consistent with the statutory objectives of the Fair Work Act. The Commission had to examine the bargaining process and the content of the agreement to ascertain whether it complied with the legislative requirements for approval.

The Commission found that the agreement was made in good faith and that the bargaining process adhered to the statutory obligations. The terms of the agreement were also found to be consistent with the objectives of the Act, including the protection of employees' rights and interests. Consequently, the Commission approved the collective agreement as a protected action agreement. The Commission highlighted that the agreement provided for a fair and equitable resolution of the bargaining issues and served the interests of both the employer and the employees. The decision underscores the importance of good faith bargaining in the industrial relations framework.

In approving the agreement, the Commission made an order that the Iron Born Pty Ltd/CFMEU Collective Agreement 2018 be certified as a protected action agreement under the Fair Work Act. This decision sets a precedent for similar agreements and reinforces the need for compliance with statutory requirements in the industrial relations 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