Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1756

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1784)

ULTIMATE STEEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2023

Application for approval of the ULTIMATE STEEL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the ULTIMATE STEEL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2023. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Ultimate Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. Ultimate Steel Pty Ltd is an employer in the steel fabrication industry, and the CFMEU is a trade union representing the interests of its employees. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, with the union seeking to improve wages, working conditions, and other employment benefits for its members.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum terms and conditions, was free from prohibited content, and was not contrary to the public interest. The Commission also needed to assess if the agreement was made in good faith and whether it provided for an effective and efficient means of dispute resolution.

After examining the submissions from both the union and the employer, the Commission found that the proposed enterprise agreement satisfied the legal requirements for approval. The agreement was deemed to provide for minimum terms and conditions, was free from prohibited content, and did not contravene the public interest. Furthermore, the Commission was satisfied that the agreement was made in good faith and provided for an effective and efficient means of dispute resolution. Consequently, the Commission approved the Ultimate Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023.

The Fair Work Commission ordered the approval of the enterprise agreement, which will now govern the terms and conditions of employment for the employees of Ultimate Steel Pty Ltd who are members of the CFMEU (Victorian Construction and General Division). The agreement will be registered with the Commission and will have effect from the date of registration, providing a framework for the employment relationship between the employer and the employees for the duration of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established