Construction, Forestry, Mining and Energy Union-Construction and General Division Summary

[2013] FWCA 1746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2013/5621)

STEEL FORCE STEEL FIXING PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 MARCH 2013

Application for approval of the Steel Force Steel Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Steel Force Steel Fixing Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of an enterprise agreement between the Steel Force Steel Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division. This agreement was for the period 2011-2015. The application was brought to the Fair Work Commission under the Fair Work Act 2009, which mandates that enterprise agreements be approved by the Commission before they can be enforced.

The primary legal issue for the court to decide was whether the enterprise agreement met the requirements set out in the Fair Work Act. Specifically, the court had to determine if the agreement was fairly and genuinely negotiated, if it complied with the provisions of the Act, and if it was in the interests of the employees it covered. The court also needed to consider if the agreement provided for a fair and reasonable system of dispute resolution.

The court examined the process through which the agreement was negotiated and found that the parties had genuinely bargained and negotiated in good faith. It was also determined that the agreement complied with all statutory requirements and contained provisions that were fair and reasonable. The court concluded that the agreement was in the interests of the employees and provided for a fair and reasonable system of dispute resolution. Consequently, the court approved the enterprise agreement.

As a result of the court's decision, the Steel Force Steel Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division's enterprise agreement for the period 2011-2015 was approved and could be enforced. This decision provided certainty and stability for both the employer and the employees covered by the agreement.

Construction, Forestry, Mining and Energy Union-Construction and General Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established