DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6731)

NSW STEELFIXING PTY. LTD./ CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2018

Application for approval of the NSW Steelfixing Pty. Ltd./ CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the NSW Steelfixing Pty. Ltd./ CFMEU Collective Agreement 2017-2018 (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 19 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Mining and Energy Union (CFMEU) and NSW Steelfixing Pty. Ltd. The dispute centred around the approval of a collective agreement between the two parties for the period of 2017-2018. The matter was brought before the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to oversee employment relations in Australia.

The legal issues that the Commission had to resolve included whether the collective agreement was consistent with the provisions of the Fair Work Act, including whether it complied with the 'better off overall test' which ensures that employees are not disadvantaged by the terms of the agreement. The Commission also had to consider whether the agreement was made in good faith and whether it was consistent with the principles of the Australian labour market.

The Commission found that the collective agreement complied with the relevant provisions of the Fair Work Act. It met the better off overall test, as the agreement provided for a range of benefits to employees, including wage increases and improved conditions. The Commission also found that the agreement was made in good faith and was consistent with the principles of the Australian labour market. As a result, the Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the collective agreement between the Construction, Forestry, Mining and Energy Union and NSW Steelfixing Pty. Ltd for the period of 2017-2018, subject to certain modifications to ensure compliance with the Fair Work Act. The Commission found that the agreement provided for a range of benefits to employees and met the better off overall test. The approval of the agreement ensures that the terms and conditions of employment for workers in the steelfixing industry in New South Wales are regulated in a fair and consistent manner.

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