DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/188)

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

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known asthe Austral 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 the Construction, Forestry, Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. 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 Austral Steelfixing Pty. Ltd. The agreement related to employment conditions for workers in the steelfixing industry, including wages, hours, and other terms of employment. The application was contested by Austral Steelfixing Pty. Ltd., leading to a hearing before the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the fair and equitable treatment of employees, and if it was made in good faith and without coercion. The Commission also needed to consider whether the agreement contained provisions that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission found that the proposed collective agreement met the legislative requirements for approval. The Commission noted that the agreement provided for fair and equitable treatment of employees, and was made in good faith. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or unenforceable. As a result, the Commission approved the collective agreement, subject to certain conditions and modifications to address minor concerns.

The Fair Work Commission approved the Austral Steelfixing Pty. Ltd. / CFMEU Collective Agreement 2015 - 2017, subject to certain conditions and modifications. The approved agreement will now apply to employees of Austral Steelfixing Pty. Ltd., and will provide for their fair and equitable treatment in relation to their employment conditions.

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