DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6451)

RAPID STEEL FIXING PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the RAPID STEEL FIXING PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RAPID STEEL FIXING PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 30 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Building and Construction Industry Award Modernisation (Agreements) Act 2016, the Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the RAPID STEEL FIXING PTY LTD (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The application was made in the Fair Work Commission, an independent statutory tribunal with federal jurisdiction. The dispute arose from the negotiation and content of the enterprise agreement between the CFMEU and the Company, specifically regarding its compliance with the statutory requirements for approval under the Act.

The central legal issue before the Commission was whether the enterprise agreement met the statutory criteria for approval under section 234 of the Act. This involved an examination of the agreement's alignment with the provisions of the Building and Construction Industry Award Modernisation (Agreements) Act 2016, including its impact on employees' terms and conditions of employment, and its compliance with the procedural requirements for making and approving enterprise agreements. The Commission also considered submissions from the parties and any relevant evidence provided.

The Fair Work Commission determined that the enterprise agreement was compliant with the statutory criteria for approval. The Commission found that the agreement appropriately reflected the terms and conditions of employment in the building and construction industry, and was consistent with the objectives of the Act. The procedural requirements for making and approving the agreement were also satisfied. Consequently, the application for approval was upheld, and the enterprise agreement was approved under section 235 of the Act.

The Fair Work Commission approved the RAPID STEEL FIXING PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015, in accordance with the provisions of the Building and Construction Industry Award Modernisation (Agreements) Act 2016. The Commission's decision was based on the finding that the agreement met the statutory criteria for approval, and was consistent with the objectives of the Act. The approval of the enterprise agreement provides a framework for the terms and conditions of employment for employees in the building and construction industry, and is intended to promote industrial harmony and economic efficiency.

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