Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1445)

Taringa Steel Pty Ltd and CFMEU Union CollectiveAgreement 2020-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 MAY 2022

Application for approval of the Taringa Steel Pty Ltd and CFMEU Union Collective Agreement 2020–2022

An application has been made for approval of an enterprise agreement known as the Taringa Steel Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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.

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 31 May 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Taringa Steel Pty Ltd applied for the approval of their collective agreement, which covered the period from 2020 to 2022. The dispute arose when Taringa Steel objected to certain provisions within the proposed agreement, arguing they contravened specific Australian workplace laws. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the legal criteria for approval.

The primary legal issues before the Commission were whether the provisions in the collective agreement complied with the Fair Work Act 2009, particularly sections concerning the protection of employees' rights, the prevention of anti-union discrimination, and the avoidance of unfair dismissal. The Commission had to assess the balance between the rights of employees to be represented by a union and the rights of employers to manage their business without undue restrictions.

The Commission found that, while the majority of the agreement was in line with the relevant workplace laws, certain provisions did contravene the Act. The Commission made specific amendments to these provisions, ensuring they aligned with the statutory requirements. The amended agreement was subsequently approved by the Commission as it now met the necessary legal standards. The Commission ordered the approval of the collective agreement with the specified modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established