DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6620)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Victorian Steel 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 Victorian Steel 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. 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 sought approval of an enterprise agreement between the union and Victorian Steel Pty Ltd, effective from 2016 to 2018. The union argued that the agreement was fairly negotiated and met the statutory requirements under the Fair Work Act 2009. Victorian Steel Pty Ltd did not oppose the application but expressed concerns about certain provisions, particularly those related to employee entitlements and the implementation process.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under section 231 of the Fair Work Act 2009. This included assessing if the agreement was genuinely negotiated and whether it adhered to the relevant statutory provisions, including the Fair Work (Registered Organisations) Act 2009. The Commission also had to determine if the agreement contained mandatory terms that complied with the Fair Work Act and did not unfairly discriminate against employees.

The Commission carefully reviewed the provisions of the agreement and concluded that the union had genuinely negotiated the agreement with Victorian Steel Pty Ltd. It found that the agreement contained appropriate terms and conditions that were not overly harsh or discriminatory. The Commission noted the concerns raised by the employer about certain implementation aspects but concluded that these issues did not prevent the agreement from being approved. The Commission was satisfied that the agreement complied with all relevant statutory requirements and did not unfairly disadvantage employees.

The Fair Work Commission approved the enterprise agreement, subject to certain conditions aimed at ensuring proper implementation. The decision highlighted the importance of genuine negotiation and compliance with statutory provisions in approving enterprise agreements. The final orders confirmed the approval of the agreement and outlined the conditions for its operation, ensuring that both parties could proceed with the implementation in a fair and legally compliant manner.

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