DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4770)

COMPLETE STEEL FIXING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Complete 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] 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 17 August 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, Complete Steel Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of a collective agreement that governs their relationship. The Fair Work Commission was the tribunal tasked with this responsibility. The crux of the dispute lay in the interpretation of several provisions within the proposed agreement, particularly those concerning the classification of employees, their entitlements, and dispute resolution mechanisms.

The central legal issues before the Commission included whether the classification of employees as either "tradespersons" or "labourers" was accurate and in line with the industrial instruments applicable to the industry. Another significant issue was the interpretation of the agreement's provisions on overtime, allowances, and shift penalties. Additionally, the Commission had to determine if the proposed dispute resolution processes were fair and consistent with the Fair Work Act.

The Commission undertook a detailed analysis of the classifications proposed by the parties. It considered the nature of the work performed by employees and whether the classifications accurately reflected these roles. The Commission also examined the provisions on overtime, allowances, and shift penalties to ensure they complied with relevant industrial instruments and provided fair outcomes for both employers and employees. Regarding the dispute resolution processes, the Commission assessed whether they were consistent with the principles of procedural fairness and whether they provided an adequate framework for resolving workplace disputes. Ultimately, the Commission approved the collective agreement, subject to certain modifications to ensure compliance with the Fair Work Act and industrial instruments.

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