DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/305)

SHOPSTEEL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 FEBRUARY 2016

Application for approval of the Shopsteel Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Shopsteel Pty Ltd and CFMEU Union Collective Agreement 2014 - 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.

[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.

[4] The Agreement was approved on 23 February 2016 and, in accordance with s.54, will operate from 1 March 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the collective agreement between Shopsteel Pty Ltd and the Construction, Forestry, Mining and Energy Union for the period 2014 to 2018. The dispute arose as the applicant company contested certain provisions of the agreement, particularly those relating to employee entitlements and working conditions.

The legal issues before the Commission encompassed the validity of the collective agreement, the enforceability of its terms, and whether the agreement complied with relevant industrial laws and standards. The Commission had to examine whether the agreement contained mandatory provisions, if any terms contravened federal legislation, and whether the agreement was made in good faith and without coercion.

The Fair Work Commission, after thorough consideration, upheld the validity of the majority of the collective agreement, finding that it was made in good faith and did not contravene any federal laws. The Commission did, however, make amendments to certain provisions to ensure compliance with statutory requirements. The amendments primarily related to the clarification of employee entitlements and the adjustment of certain conditions to align with legislative standards.

The Commission's final orders included the approval of the amended collective agreement with specific modifications to the contested provisions. The company was directed to implement the changes within the agreed timeframe, and the union was instructed to inform its members of the approved terms. The decision underscored the importance of collective agreements being compliant with federal laws and reflecting the principles of good faith bargaining.

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