Construction, Forestry, Mining and Energy Union

[2016] FWCA 2760

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/991)

TARINGA STEEL PTY LTD AND CFMEU UNION COLLECTIVE

AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 5 MAY 2016

Application for approval of the Taringa Steel Pty Ltd and CFMEU Union Collective

Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Taringa Steel 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. 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.
[2016] FWCA 2760

[4] The Agreement was approved on 5 May 2016 and, in accordance with s.54, will

operate from 12 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 (CFME) applied to the Fair Work Commission for approval of the Taringa Steel Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The applicant argued that the agreement met all relevant requirements under the Fair Work Act 2009, including those related to employee representation, negotiation and coverage. The employer, Taringa Steel Pty Ltd, did not object to the application.

The court considered whether the agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act. The court found that the agreement did not cover all employees of the employer but was satisfied that the group of employees covered was fairly chosen. The court also found that the CFMEU was a genuine bargaining representative and that the agreement met the requirements for approval.

The court approved the agreement on 5 May 2016 and it will operate from 12 May 2016. The nominal expiry date of the agreement is 2 July 2019. The court's decision is final and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established