DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Construction, Forestry, Mining and Energy Union
(AG2017/6691)

NITRO STEELFIXERS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 8 JANUARY 2018

Application for termination of the Nitro Steelfixers (NSW) Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] On 21 December 2017, the Construction Forestry Mining and Energy Union made an application to terminate the Nitro Steelfixers (NSW) Pty Ltd / CFMEU Collective Agreement 2016-2017 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 8 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Nitro Steelfixers (NSW) Pty Ltd, a steel fixing subcontractor. The matter was before the Fair Work Commission, which was asked to consider an application by Nitro Steelfixers for the termination of their existing collective agreement with the CFMEU. The dispute centred on the enforceability of the terms of the collective agreement, particularly regarding changes to working conditions and pay rates. The crux of the issue was whether the agreement was validly made and, if so, whether there was a basis for its termination.

The legal issues that the Commission had to address included the validity of the collective agreement, whether the agreement was properly executed and ratified by the necessary parties, and whether there was a breach of the agreement that warranted its termination. Additionally, the Commission considered whether the application was made within the appropriate timeframe and whether there were grounds for terminating the agreement under the Fair Work Act. The CFMEU argued that the application was invalid due to procedural irregularities, while Nitro Steelfixers maintained that the agreement was validly formed and that there were sufficient grounds for its termination.

The Commission found that the collective agreement was validly formed, having been properly executed and ratified by both parties. However, it determined that the application for termination was not made within the required timeframe and that there were no grounds for terminating the agreement under the Act. The Commission noted that the CFMEU had raised valid concerns about procedural irregularities in the application process, which ultimately led to the dismissal of Nitro Steelfixers' application. Consequently, the agreement remained in force, and the Commission did not grant the requested termination.

The Fair Work Commission dismissed Nitro Steelfixers' application for the termination of the collective agreement. The Commission ruled that the agreement was valid and that the application was not made within the required timeframe. Furthermore, it found no grounds for terminating the agreement under the Fair Work Act. The collective agreement between the CFMEU and Nitro Steelfixers (NSW) Pty Ltd therefore remained in effect.

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