DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2016/4738)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the TLS Steelfixing 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 TLS Steelfixing 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 8 August 2016 and, in accordance with s.54, will operate from 15 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 applicant, TLS Steelfixing Pty Ltd, sought approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The matter was heard by the Fair Work Commission, an independent statutory tribunal with federal jurisdiction. The primary legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement. Specifically, the court had to determine if the agreement was "better off overall" for the employees, as mandated by section 235 of the Fair Work Act.

The court considered several factors in reaching its decision, including the overall financial position of TLS Steelfixing Pty Ltd, the employees' existing conditions, and the proposed changes in the agreement. The court also examined whether the agreement provided fair and reasonable terms for the employees, taking into account their needs and interests. The court concluded that the agreement was in the best interests of the employees, as it provided a fair and reasonable set of terms and conditions, and the employees would be better off overall with the proposed agreement. The court approved the enterprise agreement, finding it met the legal requirements and was in the best interests of the employees.

The final orders of the court were that the TLS Steelfixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved, effective from the date of the decision, and would remain in force until the end of the agreement period, or until varied or terminated in accordance with the Fair Work Act. The court also ordered that the agreement be registered with the Fair Work Commission and published on its website.

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