DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3150)

SA STRUCTURAL HIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 JULY 2018

Application for approval of the SA Structural Hire Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SA Structural Hire 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 1 August 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the SA Structural Hire Pty Ltd / CFMEU Collective Agreement 2018. The dispute involved the terms and conditions of employment for workers in the structural hire industry in South Australia. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a safety net of minimum entitlements, promoted workplace flexibility and efficiency, and did not undermine the operation of the safety net or workplace flexibility provisions. Additionally, the Commission needed to assess whether the agreement contained any provisions that could potentially be seen as undermining the operation of the safety net or flexibility provisions.

The Commission found that the agreement provided for a safety net of minimum entitlements, promoted workplace flexibility and efficiency, and did not contain any provisions that undermined the operation of the safety net or flexibility provisions. The Commission considered the agreement to be consistent with the objects of the Fair Work Act, and therefore approved the agreement. The parties' cooperative approach and the agreement's provisions for dispute resolution were also taken into account in the decision.

The Fair Work Commission approved the SA Structural Hire Pty Ltd / CFMEU Collective Agreement 2018. The agreement is now legally binding on the parties and their employees, providing a framework for the terms and conditions of employment in the structural hire industry in South Australia.

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