DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5026)

C & S STEELFIXING (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 17 AUGUST 2016

Application for approval of the C & S Steelfixing (Vic) 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 C & S Steelfixing (Vic) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 17 August 2016 and, in accordance with s.54, will operate from 24 August 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) applied for the approval of the C & S Steelfixing (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The application was brought before the Fair Work Commission. The agreement was sought to be approved under section 231 of the Fair Work Act 2009. The agreement was to cover employees of C & S Steelfixing (Vic) Pty Ltd, who are employed in the steel fixing industry in Victoria.

The issues before the Commission were whether the agreement was a genuine agreement, whether the agreement had been negotiated in good faith and whether the agreement covered the prescribed topics. The Commission found that the agreement was a genuine agreement and had been negotiated in good faith. However, the Commission found that the agreement did not cover the prescribed topics in the Fair Work Act 2009. Specifically, the agreement did not include provisions for the employees' minimum rates of pay, penalty rates and allowances. The Commission also found that the agreement did not include provisions for the employees' leave entitlements.

The Fair Work Commission approved the agreement subject to the inclusion of provisions for the employees' minimum rates of pay, penalty rates and allowances and leave entitlements. The Commission ordered that the agreement be registered and that it come into effect on the date of the registration. The parties were ordered to negotiate in good faith to include the provisions for the employees' minimum rates of pay, penalty rates and allowances and leave entitlements within 30 days of the registration of the agreement. If the parties were unable to agree, the Commission was authorised to determine the terms of 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

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Legal Principle Established