DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/287)

PG STEELFIXING PTY LTD T/AS PG STEELFIXING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 FEBRUARY 2017

Application for approval of the PG Steelfixing Pty Ltd T/As PG Steelfixing 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 PG Steelfixing Pty Ltd T/As PG Steelfixing 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 20 February 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of an enterprise agreement between PG Steelfixing Pty Ltd trading as PG Steelfixing and the CFMEU (Victorian Construction and General Division). The agreement, dated between 2016 and 2018, was contested on the basis that it did not meet the requirements of section 232 of the Fair Work Act 2009. The Union argued that the agreement was made in good faith, and it was necessary to ensure fairness in the workplace, particularly for those employees who had not been adequately represented by the union during the negotiation process.

The legal issues before the Commission were whether the agreement was made in good faith and if it provided for the fair remuneration and other conditions of employment as required by the Act. The key issue was whether the Union, despite its best efforts, had failed to include certain employees in the negotiation process and if this failure meant the agreement did not meet the statutory requirements. The Commission had to consider whether the Union's efforts were sufficient under the circumstances and whether the agreement's provisions were fair and appropriate for all employees covered by the agreement.

The Commission found that the Union had made genuine efforts to include all employees in the negotiation process, despite the challenges presented by the employer's actions. The Union's efforts were deemed sufficient in the circumstances, and the Commission was satisfied that the agreement was made in good faith. The Commission also found that the agreement provided for fair remuneration and conditions of employment. Therefore, the application for approval was granted, and the enterprise agreement was approved.

The Fair Work Commission approved the enterprise agreement between PG Steelfixing Pty Ltd trading as PG Steelfixing and the CFMEU (Victorian Construction and General Division) for the period 2016 to 2018. The Commission found that the Union had made genuine and sufficient efforts to include all employees in the negotiation process, and the agreement was made in good faith. The Commission further found that the agreement provided for fair remuneration and conditions of employment, meeting the requirements of the Fair Work Act 2009.

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