DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4712)

AB STEEL REINFORCEMENT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Ab Steel Reinforcement 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 AB Steel Reinforcement 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 4 August 2016 and, in accordance with s.54, will operate from 11 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

In the case before the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFME) applied for approval of the Ab Steel Reinforcement Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, including provisions concerning the proper negotiation and content of the agreement.

The legal issues that the court had to decide were whether the agreement was genuinely negotiated and whether it contained terms that complied with the provisions of the Fair Work Act. Specifically, the court needed to examine the negotiation process and determine whether the agreement had been made in good faith. Furthermore, the court had to assess whether the terms of the agreement were consistent with the objectives of the Fair Work Act, including ensuring that employees were treated fairly and had adequate protections.

The Fair Work Commission found that the agreement was genuinely negotiated and contained terms that were in compliance with the Fair Work Act. The court accepted evidence that demonstrated that the negotiation process had been conducted in good faith, with both parties engaging in meaningful discussions and reaching a consensus on the terms. The court also found that the terms of the agreement were consistent with the objectives of the Act, providing appropriate protections and benefits for employees. As a result, the Commission approved the enterprise agreement, allowing it to take effect from the specified date.

The final orders of the court included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. The agreement was to apply to all employees of Ab Steel Reinforcement Pty Ltd who were covered by the agreement, providing them with the terms and conditions of employment as set out in the agreement. The court's decision ensured that the agreement would be legally binding and enforceable, providing a framework for the relationship between the employer and employees.

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