DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4982)

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

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 AUGUST 2016

Application for approval of the All Purpose Steel Fixing 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 All Purpose Steel Fixing 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 15 August 2016 and, in accordance with s.54, will operate from 22 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 applicants, All Purpose Steel Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), sought approval of their enterprise agreement from 2016 to 2018. The application was heard by the Fair Work Commission, which had to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the criteria for approval, including whether it provided for the "best interest" of the employees and whether it contained minimum terms and conditions as required by the Act. The applicants argued that the agreement was fair and reasonable, while the respondents contended that it did not adequately protect the employees' interests.

After reviewing the evidence and submissions, the Commission found that the agreement contained terms and conditions that were no less favourable than the applicable awards and met the minimum standards set out in the Act. The Commission was satisfied that the agreement was made in good faith and that it provided for the best interests of the employees, including provisions for dispute resolution and flexible working arrangements. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the All Purpose Steel Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be fair and reasonable, and in the best interests of the employees. The agreement was approved and registered, and it will govern the employment conditions of the employees for the specified period.

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