DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1689)

OZZIE STEEL FIXERS PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 JANUARY 2015

Application for approval of the Ozzie Steel Fixers Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Ozzie Steel Fixers Pty Ltd and the CFMEU Civil Construction Industry 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 29 January 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

The matter before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to approve the Ozzie Steel Fixers Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The dispute centred around whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement was made in good faith and whether it included the necessary provisions for the protection of employees’ rights and conditions of employment. Additionally, the court had to determine if the agreement contained any provisions that would unfairly disadvantage employees or contravene any statutory entitlements.

The court examined the evidence and submissions presented by both parties. It found that the agreement was made in good faith and included the necessary provisions for the protection of employees' rights and conditions of employment. The court also determined that the agreement did not contain any provisions that would unfairly disadvantage employees or contravene any statutory entitlements. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the Ozzie Steel Fixers Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015 be approved. This decision confirmed the legal validity of the agreement, allowing it to be implemented and enforced within the terms specified.

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