DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5745)

A.D DENIS & L.L DENIS & T.S DENIS (T/AS ADD REINFORCEMENT) AND CFMEU ACT STEEL-FIXING SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the A.D Denis & L.L Denis & T.S Denis (t/as Add Reinforcement) and CFMEU ACT Steel-Fixing Sector Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the A.D Denis & L.L Denis & T.S Denis (t/as Add Reinforcement) 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

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CaseChat Overview and Summary

The case involved an application for approval of a workplace agreement between A.D Denis & L.L Denis & T.S Denis (trading as Add Reinforcement) and the Construction, Forestry, Mining and Energy Union (CFMEU) ACT Steel-Fixing Sector. The matter was heard by the Fair Work Commission. The dispute centred on whether the proposed agreement, the CFMEU ACT Steel-Fixing Sector Agreement 2016, complied with the relevant provisions of the Fair Work Act 2009.

The court was required to determine whether the agreement was a "better off overall test" (BOOT) agreement, meaning that the benefits to employees under the agreement outweighed any disadvantages, and whether it complied with the requirements for good faith bargaining and the avoidance of unprotected industrial action. Additionally, the court needed to assess whether the agreement met the threshold criteria for approval under the Fair Work Act.

The Fair Work Commission found that the agreement was a BOOT agreement, as the benefits provided to employees in terms of wages, conditions, and other entitlements were sufficient to outweigh any potential disadvantages. The Commission also determined that the agreement was the product of good faith bargaining and effectively avoided unprotected industrial action. Furthermore, the agreement satisfied all the necessary threshold criteria for approval under the Fair Work Act. Consequently, the Commission approved the agreement.

In conclusion, the Fair Work Commission approved the CFMEU ACT Steel-Fixing Sector Agreement 2016, finding it to be a BOOT agreement, the product of good faith bargaining, and in compliance with the relevant provisions of the Fair Work Act. This decision provides clarity for both employers and employees regarding the terms and conditions of employment within the steel-fixing sector in the ACT.

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