DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3154)

PRO STEEL REINFORCING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the PRO STEEL REINFORCING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the PRO STEEL REINFORCING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (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.

[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 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the PRO STEEL REINFORCEMENT PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016 to 2018. The applicant union, the CFMEU, sought the commission’s approval of the agreement, which was intended to cover employees of PRO STEEL REINFORCEMENT PTY LTD in the construction industry. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the agreement contained all the mandated terms and conditions as required by section 230 of the Fair Work Act 2009, and whether it was made in good faith and without the use of any improper conduct. Additionally, the commission had to consider whether the agreement was likely to achieve a better outcome for the employees, and whether it provided for the efficient operation of businesses.

The commission found that the agreement contained all the mandated terms and conditions and was made in good faith and without any improper conduct. The commission noted that the agreement provided for a modern and fair workplace, with provisions for flexible working arrangements, adequate leave entitlements, and a clear framework for resolving disputes. The commission also found that the agreement was likely to achieve a better outcome for the employees and provided for the efficient operation of businesses. Consequently, the commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The commission’s final orders were that the PRO STEEL REINFORCEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 to 2018 be approved as a registered agreement under section 175 of the Fair Work Act 2009. The agreement was to be registered on the date of the commission’s decision and would remain in force until 30 June 2018, or until terminated in accordance with its provisions. The commission also ordered that a copy of the approved agreement be provided to the parties and lodged with the Fair Work Commission’s website.

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