DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SA Structural Hire Pty Ltd; Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2017/1982)

SA STRUCTURAL HIRE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 JUNE 2017

Application for approval of the SA Structural Hire Pty Ltd / CFMEU Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the SA Structural Hire Pty Ltd / CFMEU Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SA Structural Hire Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 was approved on 20 June 2017 and, in accordance with s.54, will operate from 27 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SA Structural Hire Pty Ltd, sought approval of a proposed collective agreement with the Construction, Forestry, Mining and Energy Union-Victoria Branch. The Federal Court was tasked with assessing whether the agreement met the requirements under the Fair Work Act 2009. The union and the employer had engaged in negotiations and reached a consensus on the terms of the agreement, which they now wished to have formally approved.

The primary legal issue before the Court was whether the collective agreement complied with the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement was made in good faith and whether it contained provisions that were consistent with the broader objectives of the Act, including the protection of employee rights and interests. The Court also considered whether there were any procedural defects in the application for approval that could render the agreement invalid.

In determining the matter, the Court examined the provisions of the agreement and the evidence presented by both parties regarding the negotiation process. The Court concluded that the agreement was made in good faith and that it did not contain any provisions that were contrary to the objectives of the Fair Work Act. The Court also found that there were no procedural defects in the application that would invalidate the agreement. Therefore, the Court approved the application for the collective agreement.

The final orders of the Court included the approval of the SA Structural Hire Pty Ltd / CFMEU Collective Agreement 2016, subject to the terms and conditions specified in the agreement. The Court's decision was based on its finding that the agreement was consistent with the requirements of the Fair Work Act and that it had been made in good faith by the parties involved.

SA Structural Hire Pty Ltd; Construction, Forestry, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established