DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6990)

MACK STEEL FIXING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 DECEMBER 2015

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

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

[4] The Agreement was approved on 23 December 2015 and, in accordance with s.54, will operate from 30 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Mack Steel Fixing Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The company, Mack Steel, had entered into an enterprise agreement with the CFMEU, and the application sought the Commission's formal endorsement of the agreement, which would then have the force of a registered agreement.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement was made in good faith, covered the necessary matters, and complied with the provisions of the Act, including provisions for employee protection, minimum entitlements, and dispute resolution. Additionally, the Commission examined whether the agreement was appropriately certified and if the process by which it was negotiated and agreed upon was fair and transparent.

In reaching its decision, the Commission considered the submissions from both the CFMEU and Mack Steel, as well as any relevant evidence and arguments presented. The Commission evaluated the content of the agreement against the statutory criteria and assessed the process of its negotiation and certification. The Commission found that the agreement was made in good faith and covered all necessary matters. It was determined that the agreement provided for the minimum entitlements of employees and included appropriate dispute resolution mechanisms. The Commission was satisfied that the certification process was fair and that the agreement met all the statutory requirements for approval.

The Fair Work Commission approved the Mack Steel Fixing Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, confirming its validity and enforceability. The decision was made on the basis that the agreement was fairly negotiated, adequately certified, and complied with the statutory requirements under the Fair Work Act 2009. The approval of the agreement ensures that it will have the force of a registered agreement, providing a framework for the employment conditions of employees at Mack Steel for the specified period.

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