DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3754)

J SIMOS STEEL FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 JULY 2016

Application for approval of the J Simos Steel Fixing 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 J Simos Steel Fixing 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 6 July 2016 and, in accordance with s.54, will operate from 13 July 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 matter before the court involved an application by the Construction, Forestry, Mining and Energy Union for the approval of the J Simos Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute centred around whether the terms of the enterprise agreement complied with the requirements set forth under the Fair Work Act 2009.

The legal issues before the court required a determination on whether the enterprise agreement provided for minimum terms, as mandated by the Fair Work Act. This included examining whether the agreement contained provisions that were inconsistent with any minimum entitlements, whether the agreement covered the appropriate bargaining unit, and if the agreement had been fairly negotiated and agreed upon by the relevant parties. Additionally, the court had to consider whether the agreement contained provisions that went beyond what was permissible under the Act.

The court examined the terms of the enterprise agreement, noting that it contained provisions that were consistent with the minimum entitlements outlined in the Fair Work Act. It was determined that the agreement covered the appropriate bargaining unit and was the product of fair negotiations between the employer and the union. The court further found that the provisions of the agreement did not exceed what was permissible under the Act, and therefore, the agreement was compliant with the statutory requirements. The court approved the enterprise agreement, thereby resolving the dispute in favour of the union.

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