DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6367)

BLUE STEEL AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 JANUARY 2018

Application for approval of the Blue Steel Australia Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Blue Steel Australia Pty Ltd / CFMEU Collective Agreement 2017-2018 (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.

[3] The Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch 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 is approved and, in accordance with s.54 of the Act, will operate from 9 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Blue Steel Australia Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the approval of a collective agreement between the two parties for the period of 2017-2018. The matter was heard in the Fair Work Commission (FWC). The legal issues before the Commission included whether the agreement was in compliance with the relevant legislative framework and whether it contained provisions that were fair and reasonable in all aspects.

The FWC considered the arguments presented by both parties and examined the provisions of the agreement in detail. The Commission assessed whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided adequate protections and benefits for employees. Additionally, the FWC evaluated whether the agreement contained any provisions that could potentially be detrimental to employees or undermine industrial harmony.

After a thorough examination, the FWC determined that the agreement complied with the relevant legislative provisions and was fair and reasonable in all respects. The Commission approved the collective agreement, acknowledging the balance achieved between the interests of the employer and the employees. The decision was based on the comprehensive analysis of the agreement's provisions and the evidence presented by both parties.

The FWC issued an order approving the Blue Steel Australia Pty Ltd / CFMEU Collective Agreement 2017-2018, with the agreement to be in effect from the specified date. The order also included provisions for the agreement to be registered with the relevant authorities and for the parties to adhere to the terms and conditions outlined in the approved document.

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