Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 4301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5009)

SHAMROCK STEELFIXING VIC 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, 12 DECEMBER 2022

Application for approval of the SHAMROCK STEELFIXING VIC 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 SHAMROCK STEELFIXING VIC 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 19 December 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Shamrock Steelfixing Vic Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The Fair Work Commission was the tribunal that heard the matter. The dispute arose under the Fair Work Act 2009, where the agreement was to be assessed for its compliance with the provisions of the Act, particularly focusing on whether it met the criteria for being a lawful and valid enterprise agreement.

The primary legal issue the Commission had to determine was whether the proposed enterprise agreement was a lawful and valid enterprise agreement under the Fair Work Act. This involved examining if the agreement had been made in good faith, if it was free from any improper influence or interference, and if it complied with the formal requirements of the Act. The Commission also considered whether the agreement met the good faith bargaining test, ensuring that the parties had genuinely attempted to negotiate in good faith and reach an agreement.

In its reasoning, the Commission noted that the application was supported by both parties, indicating that the agreement had been made in good faith. The Commission found that the agreement met all the formal requirements of the Act, including the use of the correct form and the inclusion of all necessary particulars. The Commission was satisfied that the agreement had been the product of genuine attempts at negotiation between the parties and that it complied with the good faith bargaining test. Consequently, the Commission approved the agreement, finding it to be a lawful and valid enterprise agreement.

The Fair Work Commission approved the Shamrock Steelfixing Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023. The approval was based on the findings that the agreement was made in good faith, met all formal requirements of the Fair Work Act, and was the outcome of genuine attempts at negotiation between the parties. The agreement was deemed to be compliant with all relevant provisions of the Act.

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