DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1328)

PM STEELFIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 MAY 2017

Application for approval of the PM Steelfixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the PM Steelfixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 8 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of an enterprise agreement between the Construction, Forestry, Mining and Energy Union (CFMEU) and PM Steelfixing Pty Ltd. The dispute centred on whether the agreement met the statutory requirements set forth in the Fair Work Act 2009 for approval. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues addressed were whether the enterprise agreement was appropriately negotiated, if it adhered to the Fair Work Act's provisions, and if it contained all necessary elements as required by law. Specifically, the court examined whether the agreement satisfied the procedural fairness requirements and whether it included the mandatory terms prescribed by the Act. Additionally, the court scrutinised whether the agreement complied with the 'better off overall test' (BOOT), ensuring that employees were not disadvantaged by the terms of the agreement.

The Fair Work Commission considered the evidence presented and found that the enterprise agreement was negotiated in good faith and contained all mandatory terms. The court was satisfied that the agreement met the procedural fairness requirements and adhered to the statutory provisions of the Fair Work Act. Furthermore, the Commission concluded that the agreement passed the BOOT, as it provided employees with benefits that outweighed any disadvantages. Consequently, the court approved the agreement.

In summary, the Fair Work Commission approved the enterprise agreement between the CFMEU and PM Steelfixing Pty Ltd, finding it to be compliant with all statutory requirements. The court's decision ensures that the agreement is legally binding and will govern the terms of employment between the parties 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