DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5033)

GVK ACT REO PTY LTD AND CFMEU ACT STEEL-FIXING SECTOR AGREEMENT 2018

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2018

Application for approval of the GVK ACT Reo Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the GVK ACT Reo Pty Ltd and CFMEU ACT Steel-Fixing Sector 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the proceeding were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and GVK ACT Reo Pty Ltd, with the case heard in the Fair Work Commission. The nature of the dispute involved an application for the approval of a workplace agreement between the CFMEU and GVK ACT Reo Pty Ltd, specifically the CFMEU ACT Steel-Fixing Sector Agreement 2018. The CFMEU sought to have this agreement registered as a registered organisation agreement under the Fair Work Act 2009.

The legal issues before the court centred on whether the agreement met the necessary criteria for registration, including compliance with the Act's provisions and whether it was genuinely a product of free and voluntary negotiations between the parties. The court also needed to assess whether the agreement provided for fair and reasonable terms and conditions for the employees covered by it, without undermining the fundamental rights of employees.

In delivering the decision, the Commission found that the agreement was a genuine product of free and voluntary negotiations and contained terms and conditions that were fair and reasonable. The Commission noted that the parties had demonstrated a commitment to fair and transparent negotiation processes and that the agreement provided for a comprehensive set of terms and conditions that were appropriate for the industry. The Commission was satisfied that the agreement did not undermine the fundamental rights of employees and was in compliance with the requirements of the Act. Accordingly, the Commission approved the agreement and registered it as a registered organisation agreement under the Fair Work Act 2009.

The final orders of the court were that the CFMEU ACT Steel-Fixing Sector Agreement 2018 be approved and registered as a registered organisation agreement under the Fair Work Act 2009. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies of the agreement be provided to the parties and any other relevant stakeholders. The decision provided clarity on the requirements for registering workplace agreements and the importance of ensuring that such agreements are genuinely negotiated and provide for fair and reasonable terms and conditions for employees.

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