DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5056)

MACK STEEL FIXING PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 OCTOBER 2018

Application for approval of the Mack Steel Fixing Pty Ltd and CFMMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Mack Steel Fixing Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between the Mack Steel Fixing Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) for the period 2018-2019. The primary dispute centred on whether the terms and conditions outlined in the proposed agreement were consistent with the Fair Work Act 2009 and whether they adhered to the broader principles of good faith bargaining and fair work. The matter was heard by the Fair Work Commission, which has jurisdiction over such industrial disputes under Australian labour law.

The legal issues that the Commission needed to resolve included whether the proposed terms and conditions within the collective agreement met the statutory requirements under the Fair Work Act, and whether the agreement reflected a genuine effort by both parties to bargain in good faith. Additionally, the Commission had to consider if the terms were fair and reasonable, taking into account the economic and industrial context of the industry in which the employer operated. The Commission was required to ensure that the agreement did not adversely affect employees' wages and conditions beyond what was necessary.

The Fair Work Commission examined the evidence presented by both parties and assessed the terms of the collective agreement against the legislative and judicial standards. The Commission found that the proposed agreement was consistent with the requirements of the Fair Work Act and represented a genuine effort to bargain in good faith. The terms were deemed to be fair and reasonable, taking into account the economic conditions and the bargaining practices within the industry. Consequently, the Commission approved the collective agreement, finding that it met the necessary criteria and would not result in unfair detriment to employees.

The final order of the Commission was the approval of the Mack Steel Fixing Pty Ltd and CFMMEU Union Collective Agreement for the period 2018-2019, subject to the terms and conditions outlined in the agreement. This decision reinforced the importance of adhering to the principles of good faith bargaining and the necessity for agreements to be fair and reasonable within the industrial relations framework.

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