DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1974)

CAESAR STEEL PTY. LTD. / CFMEU GREENFIELD AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 JUNE 2017

Application for approval of the Caesar Steel Pty. Ltd. / CFMEU Greenfield Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Caesar Steel Pty. Ltd. / CFMEU Greenfield Agreement 2017 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2017. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Caesar Steel Pty. Ltd. / CFMEU Greenfield Agreement 2017. The Construction, Forestry, Mining and Energy Union sought approval of the agreement, while Caesar Steel Pty. Ltd. opposed the application. The dispute centred around the terms of the proposed agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was made in good faith and whether it provided for a fair and efficient way of determining the terms and conditions of employment. The Commission needed to determine whether the agreement was consistent with the principles of the Fair Work Act and whether it met the requirements for approval under section 234 of the Act.

In its decision, the Commission held that the agreement was made in good faith and provided for a fair and efficient way of determining the terms and conditions of employment. The Commission found that the agreement was consistent with the principles of the Fair Work Act and met the requirements for approval under section 234 of the Act. The Commission considered that the agreement provided for a fair and efficient way of determining the terms and conditions of employment, and that it was consistent with the principles of the Fair Work Act.

Accordingly, the Commission approved the Caesar Steel Pty. Ltd. / CFMEU Greenfield Agreement 2017. The decision of the Commission is final and binding on the parties, and may not be challenged in any court or tribunal.

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