DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4947)

NSW STEELFIXING PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 21 SEPTEMBER 2015

Application for approval of the NSW Steelfixing Pty. Ltd. / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the NSW Steelfixing Pty. Ltd. / CFMEU Collective Agreement 2015-2017 (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 21 September 2015 and, in accordance with s.54, will operate from 28 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement with NSW Steelfixing Pty. Ltd. The agreement, spanning from 2015 to 2017, included terms on wages, hours of work, and other employment conditions. The application was brought before the Fair Work Commission, which is the body responsible for ensuring compliance with the Fair Work Act 2009.

The legal issues before the Commission involved whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the criteria for being a "Registered Agreement," which provides protection against adverse action for union members. The Commission also needed to ensure that the agreement did not contravene any minimum standards prescribed by the Act.

In deciding the matter, the Commission considered the provisions of the Fair Work Act and relevant precedents. The Commission noted that the proposed agreement contained provisions that were consistent with the Act, including provisions for minimum wages, reasonable hours of work, and other employment protections. The Commission found that the agreement met the criteria for being a "Registered Agreement" and did not contravene any minimum standards. Consequently, the Commission approved the collective agreement, recognising its compliance with the statutory requirements.

The Fair Work Commission approved the NSW Steelfixing Pty. Ltd. / CFMEU Collective Agreement 2015 - 2017, finding it to be in compliance with the Fair Work Act. The agreement is now registered and provides the agreed-upon terms and conditions of employment to the employees covered by it.

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