DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/116)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 JANUARY 2017

Application for approval of the JP Steelfix 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 JP Steelfix 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 27 January2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union applied for approval of the JP Steelfix Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. JP Steelfix Pty Ltd, an employer in the steel fixing industry, and the CFMEU, representing the employees, sought to have their enterprise agreement ratified. The agreement detailed terms and conditions of employment, including wages, hours, leave entitlements, and dispute resolution mechanisms. The CFMEU contended that the agreement met the criteria for approval under the Fair Work Act 2009, while JP Steelfix Pty Ltd supported the application, asserting that the agreement was fairly negotiated and beneficial to both parties.

The primary legal issues before the Commission were whether the enterprise agreement had been genuinely bargained between the parties and whether it met the requirements for approval under the Fair Work Act. The Commission had to examine the process by which the agreement was negotiated, the content of the agreement, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to ensure that the agreement complied with the national minimum standards of employment as stipulated in the Fair Work Act.

The Commission concluded that the agreement had been genuinely bargained and met the necessary criteria for approval. The evidence presented demonstrated that the agreement was the result of a fair negotiation process, with both parties actively participating. The terms of the agreement were deemed fair and reasonable, providing for adequate wages, leave entitlements, and dispute resolution mechanisms. Importantly, the Commission found that the agreement did not undermine the national minimum standards of employment and therefore approved the application. The Commission issued a certificate of registration for the enterprise agreement, making it legally binding between the parties.

In conclusion, the Commission granted the application for approval of the enterprise agreement between JP Steelfix Pty Ltd and the CFMEU. The decision highlighted the importance of genuine bargaining and compliance with national minimum standards in enterprise agreements. The approval of this agreement sets a precedent for similar agreements in the industry, ensuring that fair and reasonable terms are upheld for employees.

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