DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2028)

BEENLEIGH STEEL FABRICATIONS PTY. LTD. AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MAY 2018

Application for approval of the Beenleigh Steel Fabrications Pty. Ltd. and CFMMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Beenleigh Steel Fabrications 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). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 May 2018 and, in accordance with s.54, will operate from 4 June 2018. The nominal expiry date of the Agreement is 1 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and Beenleigh Steel Fabrications Pty. Ltd. applied for approval of their 2018-2019 collective agreement. The application was heard in the Fair Work Commission. The primary dispute centred on whether the proposed terms and conditions of the collective agreement complied with the applicable industrial laws and regulations, particularly in relation to wages, conditions of employment, and dispute resolution mechanisms.

The court had to decide whether the agreement was procedurally and substantively valid. Procedurally, it needed to be established that the agreement was made in good faith and followed the correct processes as outlined in the Fair Work Act 2009. Substantively, the court assessed whether the terms of the agreement were fair and reasonable, taking into account the needs of the employees, the business, and the broader economic context. The court also had to determine whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Fair Work Commission found that the agreement was procedurally valid as it was made in good faith and followed the required processes. It was also substantively valid as the terms were fair and reasonable, balancing the interests of the employees and the employer. The court approved the collective agreement, highlighting that the terms provided adequate protections for employees while also allowing the employer to operate effectively. This decision confirmed the importance of balancing the rights and obligations of both parties in collective agreements.

The final order of the Commission was that the Beenleigh Steel Fabrications Pty. Ltd. and CFMMEU Union Collective Agreement 2018-2019 was approved and registered under the Fair Work Act 2009. This decision provided clarity and certainty for both the union and the employer regarding the terms of employment for the duration of the agreement.

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