DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6207)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2016

Application for approval of the CS Steelfixing 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 CS Steelfixing 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 20 October 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 recent case of the Construction, Forestry, Mining and Energy Union, the court was tasked with examining an application for the approval of the CS Steelfixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary parties involved were the Construction, Forestry, Mining and Energy Union (CFMEU) and CS Steelfixing Pty Ltd. The dispute centred on whether the enterprise agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The court was required to determine if the agreement complied with the legal requirements outlined in the Fair Work Act, particularly focusing on provisions related to minimum entitlements, procedural fairness, and the absence of any prohibited content. Key issues included whether the agreement provided fair terms and conditions of employment, and whether it adhered to the procedural requirements necessary for its approval. Additionally, the court assessed if the agreement contained any clauses that were deemed unfair or prohibited under the Act.

The court meticulously reviewed the agreement, examining its provisions against the legal framework provided by the Fair Work Act. It found that the agreement was largely compliant with the statutory requirements. The court noted that the agreement provided for fair terms and conditions of employment, and that the necessary procedural fairness was observed. Furthermore, it was determined that the agreement did not contain any clauses that were prohibited or deemed unfair under the Act. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were to approve the CS Steelfixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, recognising it as compliant with the requirements of the Fair Work Act. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the duration specified.

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