DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1990)

AG STEEL WORKS PTY LTD AND THE CFMEU RIGGER / STEEL ERECTOR ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 MARCH 2015

Application for approval of the AG Steel Works Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the AG Steel Works Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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, will operate from 9 March 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the AG Steel Works Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015, the court was presented with a case involving the Construction, Forestry, Mining and Energy Union (CFMEU) and AG Steel Works Pty Ltd. The central dispute revolved around the approval of the enterprise agreement that had been negotiated between the union and the employer, spanning the period from 2011 to 2015. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving such agreements to ensure they meet the necessary standards under the Fair Work Act 2009.

The legal issues before the court centred on whether the enterprise agreement complied with the statutory requirements set forth in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was procedurally sound, whether it had been negotiated in good faith, and if it contained terms that met the minimum standards prescribed by the Act. Additionally, the court had to consider whether the agreement adequately covered the essential terms and conditions of employment as required by law.

The court meticulously reviewed the procedural aspects of the agreement’s negotiation, confirming that all relevant processes had been followed correctly. It was found that the agreement had indeed been negotiated in good faith and that it met all the minimum standards required by the Fair Work Act 2009. The terms of the agreement were examined to ensure they complied with the essential terms and conditions, and it was concluded that the agreement was fair and comprehensive. Based on this comprehensive review, the court found that the agreement was in accordance with the law and approved its implementation.

In light of the findings, the court granted the approval for the AG Steel Works Pty Ltd and the CFMEU Rigger / Steel Erector Enterprise Agreement 2011-2015 to be implemented. This decision allowed the agreement to take effect, providing the framework for the employment terms and conditions between the union and the employer for the specified period.

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