DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5724)

CITY STEELFIXING PTY LTD AND CFMEU ACT STEEL-FIXING SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the City Steelfixing Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City Steelfixing Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2016 (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, 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, 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 27 September 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the City Steelfixing Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2016. The dispute arose in the context of the parties seeking to finalise a new enterprise agreement to govern the employment conditions of steelfixers employed by City Steelfixing. The issue came before the Fair Work Commission, which was tasked with determining whether the proposed agreement should be certified and made legally binding.

The legal issues central to the decision were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether the agreement had been made free from any improper conduct and whether it met the criteria for being a single, indivisible agreement. The CFMEU argued that the agreement was fair and reasonable and should be certified, while City Steelfixing contested certain provisions of the agreement, arguing they were not in line with the Act's requirements.

The Fair Work Commission found that the agreement substantially complied with the Fair Work Act, notwithstanding some minor technical issues. The Commission determined that the agreement was made without any improper conduct and was a single, indivisible agreement, which was necessary for it to be certified. The Commission also addressed City Steelfixing's concerns about specific provisions, finding that, while some changes were necessary, these did not significantly affect the overall fairness of the agreement. Consequently, the Commission certified the agreement, making it legally binding on the parties.

The final orders of the Commission included the certification of the City Steelfixing Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2016, subject to the minor amendments required to address the technical issues identified. These orders mandated the agreement to be implemented by both parties, providing a legally enforceable framework for the employment conditions of the steelfixers in question.

Construction, Forestry, 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