DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1186)

BEENLEIGH STEEL FABRICATIONS PTY. LTD. AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 MAY 2016

Application for approval of the Beenleigh Steel Fabrications Pty. Ltd. and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Beenleigh Steel Fabrications Pty. Ltd. and CFMEU Union Collective Agreement 2015 - 2019 (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 30 May 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of a collective agreement between the union and Beenleigh Steel Fabrications Pty Ltd. The dispute involved the terms and conditions of employment for workers in the steel fabrication industry in Queensland. The Fair Work Commission, as the relevant tribunal, was tasked with determining whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the collective agreement, as presented, complied with the provisions of the Fair Work Act, particularly sections that relate to the protection of employees' rights and interests. This included an assessment of whether the agreement contained terms that were contrary to public policy, such as those that might undermine workplace safety or the right of employees to be free from discrimination. Additionally, the Commission needed to ensure the agreement did not unfairly disadvantage any group of employees, and that it provided for proper dispute resolution mechanisms.

The Fair Work Commission carefully examined the terms of the agreement, considering both the provisions directly negotiated between the union and the employer and the broader context of industrial relations law. The Commission found that the agreement contained provisions that were consistent with the objectives of the Fair Work Act and did not contravene public policy. It also determined that the agreement provided adequate protections for employees and included effective dispute resolution processes. Therefore, the Commission approved the collective agreement, subject to the conditions specified in its decision.

No specific final orders were mentioned in the decision, as the approval of the agreement was contingent upon compliance with the terms set out in the Commission's decision. The union and the employer were required to ensure that the agreement was implemented in accordance with the Commission's conditions, and that any changes to the agreement would also be subject to the Commission's approval.

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