DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/99)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2018

Application for approval of the Superfix 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 the Superfix 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.

[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 1 February 2018. 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 case involves an application for approval of an enterprise agreement between Superfix Steelfixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission, which is the tribunal tasked with overseeing and approving such agreements under Australian industrial relations law. The dispute centred on whether the proposed agreement complied with the statutory requirements and provisions of the Fair Work Act 2009.

The primary legal issues the court had to address were whether the enterprise agreement was made in good faith, whether it contained the required minimum terms and conditions, and whether it complied with the process outlined in the Fair Work Act. Additionally, the court had to consider whether the agreement was likely to have a detrimental effect on the employees it was intended to cover.

The court found that the enterprise agreement was made in good faith and contained all the necessary minimum terms and conditions. It was also satisfied that the process for making the agreement was compliant with the statutory requirements. Furthermore, the tribunal concluded that the agreement was not likely to have an adverse effect on the employees, as it provided for fair and reasonable terms of employment. Consequently, the court approved the agreement, recognising its benefits for both the employer and the 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