DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5552)

DEPENDABLE STEEL FIXING PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

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

Application for approval of the Dependable Steel Fixing Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Dependable Steel Fixing Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (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

In the case of Construction, Forestry, Mining and Energy Union, the applicant sought approval for the Dependable Steel Fixing Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020. The dispute centred around the terms and conditions of employment for workers in the steel fixing industry in Western Australia. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues before the Commission involved whether the agreement complied with the Fair Work Act 2009 and whether it met the "better off overall test". The Commission needed to assess whether the proposed agreement provided employees with conditions that were no worse than the relevant award or modern award, and whether it was in the employees' overall best interests. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about certain provisions.

The Commission carefully examined the agreement, considering both the statutory requirements and the broader context of industrial relations. It concluded that the agreement did not meet the "better off overall test" for certain provisions, primarily due to changes in shift patterns and associated entitlements. However, the Commission also found that the overall agreement was in the best interests of the employees, taking into account various factors such as wage increases and improved conditions in other areas. As a result, the Commission approved the agreement with some modifications to address the identified issues.

The final orders included the approval of the enterprise agreement with specific amendments to certain clauses to ensure compliance with the "better off overall test". The agreement was to be certified as meeting the requirements of the Fair Work Act 2009, subject to these modifications.

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