DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch
(AG2016/7408)

NITRO STEELFIXERS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 JANUARY 2017

Application for approval of the Nitro Steelfixers (NSW) Pty Ltd / CFMEU Collective Agreement 2016-2017.

[1] An application has been made for approval of an enterprise agreement known as the Nitro Steelfixers (NSW) 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2017. The nominal expiry date of the Agreement is 30 June 2017.

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 Construction and General Division, New South Wales Divisional Branch, sought approval of the Nitro Steelfixers (NSW) Pty Ltd / CFMEU Collective Agreement 2016-2017. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009. The CFMEU argued that the agreement was necessary to protect its members' interests, particularly regarding pay rates and conditions.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement and if it complied with the Act. The Commission had to determine if the agreement was made in good faith and if it contained the necessary provisions for it to be deemed a lawful and effective agreement. Additionally, the Commission needed to assess whether the agreement was consistent with the principles of the Fair Work Act, such as providing for the protection of employees' rights and ensuring fair treatment.

The Commission found that the agreement was genuine and met the requirements of the Act. The CFMEU provided evidence that the agreement was made in good faith and was necessary to protect its members' interests. The Commission also determined that the agreement contained the necessary provisions and was consistent with the principles of the Fair Work Act. The agreement was approved, and the CFMEU was granted the right to represent the employees of Nitro Steelfixers (NSW) Pty Ltd under the terms of the agreement.

Construction, Forestry, Mining and Energy Union-Construction and General Division, New South Wales Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established