DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4831)

SOUTHERN STEEL FIXING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016

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

Application for approval of the Southern Steel Fixing Pty Ltd / CFMEU Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Southern Steel Fixing Pty Ltd / CFMEU Collective 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Southern Steel Fixing Pty Ltd, sought approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement was in the interests of the employees covered by it, and whether it was made in good faith.

The Commission considered the nature and content of the agreement, including its provisions on wages, conditions, and dispute resolution. The applicant argued that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms, and facilitated a harmonious workplace. The CFMEU supported the application, stating that it had been made in good faith and that the agreement provided for improved conditions for its members. The Commission noted that the agreement contained provisions for dispute resolution, including a process for resolving disputes between the parties, and provisions for the protection of employees' rights.

After considering the arguments and evidence presented by the parties, the Commission determined that the agreement met the criteria for approval under the Act. The Commission found that the agreement was in the best interests of the employees covered by it, and that it had been made in good faith. The Commission approved the agreement, and it became legally binding on the parties from the date of the decision. The applicant and the CFMEU were required to comply with the terms of the agreement, and any disputes arising under it were to be resolved in accordance with its provisions.

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