DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/558)

PACIFIC STEELFIXING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 MARCH 2018

Application for approval of the Pacific Steelfixing Services Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Steelfixing Services Pty Ltd / CFMEU Collective Agreement 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 28 March 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of a collective agreement made with Pacific Steelfixing Services Pty Ltd. The agreement in question relates to the terms and conditions of employment for workers in the steelfixing industry in Australia. The application was brought before the Fair Work Commission, an Australian federal independent statutory body responsible for resolving workplace disputes.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the protection of employees' rights, provided a fair and reasonable basis for resolving disputes between the employer and employees, and did not discriminate against any employee or group of employees. Additionally, the Commission had to ensure that the agreement did not contravene any industrial law or regulation.

In making its decision, the Commission considered the provisions of the Fair Work Act and relevant regulations, as well as the terms of the agreement itself. The Commission found that the agreement met the statutory requirements, as it provided for the protection of employees' rights and established a fair and reasonable basis for resolving disputes. The Commission also noted that the agreement did not discriminate against any employee or group of employees and did not contravene any industrial law or regulation.

As a result, the Fair Work Commission approved the collective agreement between the CFMEU and Pacific Steelfixing Services Pty Ltd. The Commission's decision confirms the validity of the agreement and ensures that it will be recognised and enforced by the courts. This decision is significant for both the CFMEU and Pacific Steelfixing Services Pty Ltd, as it provides certainty and stability in the employment relationship between the parties.

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