DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5590)

SAS STEEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the SAS Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the SAS Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 (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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and SAS Steel Pty Ltd jointly applied to the Fair Work Commission for approval of their enterprise agreement. The agreement was for the period 2016 to 2018 and covered a range of employment terms and conditions for employees in the steel industry. The primary dispute centred on whether the agreement complied with the relevant industrial laws and whether it was in the best interests of the employees and the employer.

The Fair Work Commission was tasked with determining whether the enterprise agreement met the statutory criteria set out in the Fair Work Act. Key issues included whether the agreement provided for fair and reasonable terms and conditions, whether it allowed for flexibility in the workplace, and whether it facilitated productivity and efficient workplace relations. The Commission also considered whether the agreement adequately addressed employee protections and provided a fair process for resolving disputes.

The Fair Work Commission approved the enterprise agreement, finding that it met all the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions, allowed for flexibility in the workplace, and facilitated productivity and efficient workplace relations. The agreement also included provisions for employee protections and a fair process for resolving disputes. The Commission concluded that the agreement was in the best interests of the employees and the employer.

The Fair Work Commission approved the SAS Steel Pty Ltd and CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 to 2018, effective from the date of the decision. The agreement was registered under the Fair Work Act, and the parties were directed to take all necessary steps to give effect to the agreement.

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