DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5052)

HOSKEN STEEL RESOURCES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015- 2019

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 25 SEPTEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Hosken Steel Resources 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 25 September 2015 and, in accordance with s.54, will operate from 2 October 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 for the approval of a collective agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and Hosken Steel Resources Pty Ltd for the period 2015-2019. The applicant, the CFMEU, sought the commission's approval of the agreement, which outlined terms and conditions of employment for the workers covered by the agreement. The Fair Work Commission was tasked with assessing whether the agreement complied with the relevant legislative requirements and met the criteria for approval.

The primary legal issue before the commission was whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the commission needed to determine if the agreement met the requirements for a registered agreement, including whether it was made in good faith and whether it provided for the resolution of disputes. The commission also needed to consider whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable awards or safety nets.

The commission found that the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The commission noted that the agreement had been made in good faith and provided for the resolution of disputes. The commission also found that the agreement provided for terms and conditions of employment that were no less favourable than the applicable awards or safety nets. The commission was satisfied that the agreement met the criteria for approval and granted approval of the agreement. The commission noted that the agreement provided for a range of benefits for the workers covered by the agreement, including increased wages and improved working conditions.

In summary, the Fair Work Commission approved the Hosken Steel Resources Pty Ltd and CFMEU Union Collective Agreement 2015-2019, finding that the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The commission found that the agreement had been made in good faith, provided for the resolution of disputes, and offered terms and conditions of employment that were no less favourable than the applicable awards or safety nets.

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