Construction, Forestry, Mining and Energy Union Summary

[2018] FWCA 165

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2017/6658)

City Steel Pty. Ltd. / CFMEU Collective Agreement 2017-2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 9 JANUARY 2018

Application for approval of the City Steel Pty. Ltd. / CFMEU Collective Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the City Steel 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.

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 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.

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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and City Steel Pty. Ltd. The dispute centred on the approval of a collective agreement between the two parties for the years 2017-2018. This case was brought before the Fair Work Commission (FWC) in Australia. The legal issues that the court needed to address were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009, and whether the agreement contained any terms that were contrary to public policy.

The FWC examined the collective agreement to determine if it complied with the Fair Work Act 2009. The court found that the agreement was in line with the legislation, with no terms that were against public policy. The court also considered the nature of the industry, the bargaining power of the parties, and the terms and conditions of the agreement. The FWC was satisfied that the agreement represented a genuine bargain between the parties and that the terms were fair and reasonable. The court also noted that the agreement contained provisions for dispute resolution, which was an important factor in approving the agreement.

The FWC approved the City Steel Pty. Ltd. / CFMEU Collective Agreement 2017-2018, finding that it complied with the Fair Work Act 2009 and did not contain any terms that were against public policy. The court considered the bargaining power of the parties, the nature of the industry, and the terms and conditions of the agreement. The FWC was satisfied that the agreement represented a genuine bargain between the parties and that the terms were fair and reasonable. The approval of the agreement will provide certainty and stability to both the employer and employees during the period of the agreement.

No further orders were made by the court. The approval of the collective agreement was the primary outcome of the case, providing both parties with a clear understanding of their rights and obligations during the term of the agreement. The approval also ensured that the agreement was in line with the relevant legislation and did not contain any terms that were against public policy.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established