DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6769)

CBD STEEL PLACERS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the CBD Steel Placers Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the CBD Steel Placers Pty Ltd / CFMEU Collective Agreement 2016-2017 (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 15 November 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) made an application for approval of the CBD Steel Placers Pty Ltd / CFMEU Collective Agreement 2016-2017. This case was heard by the Fair Work Commission, which is Australia's workplace relations tribunal. The CFMEU and CBD Steel Placers Pty Ltd had negotiated a collective agreement governing the employment of steel placers in the Sydney metropolitan area. The agreement contained various terms and conditions, including wages, hours of work, and dispute resolution mechanisms.

The legal issues before the Commission were whether the agreement was appropriately negotiated, and if it complied with the requirements of the Fair Work Act 2009. The Commission needed to determine if the agreement was made in good faith and if it contained the necessary provisions for the protection of employees' rights and interests. The CFMEU argued that the agreement was the product of genuine collective bargaining, while CBD Steel Placers Pty Ltd contended that the agreement did not meet the necessary legal standards.

The Commission found that the agreement was made in good faith and contained all the required provisions. The CFMEU had demonstrated that it had a genuine interest in the negotiation process and that the agreement reflected the interests of its members. The Commission also found that the agreement complied with the legal requirements of the Fair Work Act 2009. Consequently, the Commission approved the agreement, finding it to be a valid and enforceable collective agreement between the parties.

The Fair Work Commission approved the CBD Steel Placers Pty Ltd / CFMEU Collective Agreement 2016-2017, confirming its validity and enforceability. This decision provides guidance for future collective bargaining negotiations and demonstrates the importance of ensuring that agreements are made in good faith and comply with legal standards.

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