DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6654)

NITRO STEELFIXERS (NSW) PTY LTD / CFMEU GREENFIELD AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 JANUARY 2018

Application for approval of the Nitro Steelfixers (NSW) Pty Ltd / CFMEU Greenfield Agreement 2017-2018.

[1] An application has been made for approval of a greenfields agreement known as the Nitro Steelfixers (NSW) Pty Ltd / CFMEU Greenfield Agreement 2017-2018 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Nitro Steelfixers (NSW) Pty Ltd / CFMEU Greenfield Agreement 2017-2018. This agreement was to regulate the terms and conditions of employment for employees of Nitro Steelfixers. The dispute arose under the Fair Work Act 2009, specifically sections 233 and 234, which relate to the registration and approval of enterprise agreements by the Fair Work Commission.

The key legal issue before the court was whether the agreement met the requirements of the Act, particularly whether it complied with the "better off overall test" (BOOT). This test requires that the agreement must be better for the employees overall, compared to the applicable award or other relevant agreement. The court had to consider whether the agreement provided sufficient protections and benefits to the employees, and whether it was in the best interests of the employees to approve the agreement.

The Fair Work Commission found that the agreement met the requirements of the Act. The Commission was satisfied that the agreement was better off overall for the employees, as it provided a range of protections and benefits that were superior to those provided under the applicable award. The Commission also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable resolution of the employment relationship. The court approved the agreement, and it became legally binding on the parties from the date of registration.

The court made an order approving the Nitro Steelfixers (NSW) Pty Ltd / CFMEU Greenfield Agreement 2017-2018 as a registered agreement under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would remain in force until it was terminated or replaced by a new agreement. The court's approval of the agreement provided certainty and stability to the employment relationship between Nitro Steelfixers and its 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