Construction, Forestry, Mining and Energy Union-South Australian Branch

[2014] FWCA 6097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union-South Australian Branch
(AG2014/8703)

FAST FIX STEELFIXING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 SEPTEMBER 2014

Application for approval of the Fast Fix SteelFixing Services Pty Ltd / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Fast Fix SteelFixing Services Pty Ltd / CFMEU Collective Agreement 2014 (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) and Fast Fix Steelfixing Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Mining and Energy Union - South Australian Branch (CFMEUSA) and Fast Fix Steel Fixing Services Pty Ltd. The dispute was about the approval of a collective agreement between the two parties. The Fair Work Commission was the court that heard the case. The agreement, known as the Fast Fix Steel Fixing Services Pty Ltd/CFMEUSA Collective Agreement 2014, was submitted for approval under section 235 of the Fair Work Act 2009.

The main legal issues the court needed to address were whether the agreement met the requirements of the Fair Work Act and if it was in the best interests of the employees. The court had to determine if the agreement was a genuine and bona fide agreement, if it was made without any undue influence or coercion, and if it provided fair and reasonable terms and conditions for the employees.

The court examined the agreement and found that it was a genuine and bona fide agreement between the parties. The court also determined that the agreement was made without any undue influence or coercion and provided fair and reasonable terms and conditions for the employees. The court found that the agreement was in the best interests of the employees as it provided them with a fair and reasonable set of terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The court approved the agreement and found it to be compliant with the Fair Work Act.

The court's final order was to approve the Fast Fix Steel Fixing Services Pty Ltd/CFMEUSA Collective Agreement 2014. This approval meant that the agreement could be used as a binding contract between the employer and the employees and that it would be recognised as a valid and enforceable agreement under the Fair Work Act. The approval of this agreement helped to ensure that the employees were provided with fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established