Clear Sky Contracting Pty Ltd

[2022] FWCA 43

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Clear Sky Contracting Pty Ltd

(AG2021/9005)

Clear Sky Contracting Pty Ltd Enterprise Agreement 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 10 JANUARY 2022

Application for approval of the Clear Sky Contracting Pty Ltd Enterprise Agreement 2021-2025

An application has been made for approval of an enterprise agreement known as the Clear Sky Contracting Pty Ltd Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Clear Sky Contracting Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 January 2022 and was determined on the papers.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 10 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Clear Sky Contracting Pty Ltd involved an application for the approval of the Clear Sky Contracting Pty Ltd Enterprise Agreement 2021-2025, which was brought before the Fair Work Commission. The applicant, Clear Sky Contracting Pty Ltd, sought approval of the enterprise agreement which it had negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was intended to govern the employment terms and conditions of a specified group of employees.

The legal issues that the Fair Work Commission was required to address included whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved determining whether the agreement was made in good faith, whether it provided for the proper negotiation of terms and conditions of employment, and whether it contained terms that were fair and reasonable. The Commission also needed to consider whether the agreement complied with the process requirements of the Act, such as whether the agreement was certified as a single interest agreement.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties. It found that the agreement was made in good faith and that it provided for the proper negotiation of terms and conditions of employment. The Commission was satisfied that the agreement contained terms that were fair and reasonable and that it complied with the process requirements of the Act. The Commission approved the enterprise agreement, finding that it met all the necessary criteria and was in the best interests of the employees.

The Fair Work Commission made orders approving the Clear Sky Contracting Pty Ltd Enterprise Agreement 2021-2025 as a single interest agreement, effective from 1 January 2021 for a period of five years. The Commission's decision was based on the evidence presented and its determination that the agreement complied with the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established