DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Major Furnace Australia Pty Ltd T/As Major Furnace
(AG2019/788)

MAJOR FURNACE AUSTRALIA PTY LTD, THE EMPLOYEE AND THE CFMEU REFRACTORY ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 APRIL 2019

Application for approval of the Major Furnace Australia Pty Ltd, the Employee and the CFMEU Refractory Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Major Furnace Australia Pty Ltd, the Employee and the CFMEU Refractory Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Major Furnace Australia Pty Ltd T/As Major Furnace. 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, Maritime, 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 1 May 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, Major Furnace Australia Pty Ltd trading as Major Furnace, sought approval of the Major Furnace Australia Pty Ltd, the Employee and the CFMEU Refractory Enterprise Agreement 2017-2020. The applicant sought the approval from the Fair Work Commission under section 234 of the Fair Work Act 2009. The dispute arose from the negotiation of a new enterprise agreement between the applicant and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU).

The central legal issues before the Commission were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The applicant argued that the agreement was fair and reasonable and provided for appropriate terms and conditions of employment. The CFMEU, on the other hand, contended that the agreement did not adequately address certain issues such as pay rates, penalty rates, and conditions of employment. The Commission was required to determine whether the proposed agreement complied with the statutory requirements and whether it was fair and reasonable for the employees.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. The Commission found that the proposed enterprise agreement was fair and reasonable and met the statutory requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for appropriate terms and conditions of employment and was in the best interests of the employees. The Commission also found that the agreement provided for adequate protections for employees and that it was not contrary to public policy. Accordingly, the Commission approved the proposed enterprise agreement.

The Commission made an order approving the Major Furnace Australia Pty Ltd, the Employee and the CFMEU Refractory Enterprise Agreement 2017-2020. The order was made under section 234 of the Fair Work Act 2009 and is effective from the date of the decision. The applicant and the CFMEU are bound by the terms of the approved enterprise agreement, which sets out the terms and conditions of employment for the employees.

Major Furnace Australia Pty Ltd T/As Major Furnace

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established