DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clear Sky Contracting Pty Ltd
(AG2018/354)

CLEAR SKY CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 MARCH 2018

Application for approval of the Clear Sky Contracting Pty Ltd Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Clear Sky Contracting Pty Ltd Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clear Sky Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2018. The nominal expiry date of the Agreement is 1 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Clear Sky Contracting Pty Ltd, an applicant seeking approval of an enterprise agreement, and the Fair Work Commission. The dispute centred around the terms of the proposed agreement for the years 2018 to 2021. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues before the court included whether the agreement contained all the mandated terms and conditions, whether it was made in good faith, and whether it met the criteria for approval under the Act. The court had to scrutinise the content of the agreement to ensure it adhered to the legislative framework and was fair and reasonable for all parties involved.

The Fair Work Commission examined the agreement to ensure it complied with the statutory requirements, including that it covered the mandated minimum terms and conditions, was made in good faith, and was not detrimental to the employees. The court considered the arguments presented by both parties and reviewed the provisions of the agreement to determine if it met the necessary standards. The Commission assessed whether the agreement provided adequate protections for employees, including minimum wages, penalty rates, leave entitlements, and other employment conditions. It also evaluated the negotiation process to confirm that the agreement was genuinely negotiated and not imposed.

After a thorough analysis, the Fair Work Commission determined that the agreement contained all the required terms and conditions and was made in good faith. The Commission found that the agreement met the statutory criteria for approval and was fair and reasonable for all parties. The court was satisfied that the agreement provided adequate protections for employees and did not contain any terms that would be detrimental to their interests. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the Fair Work Act 2009. The decision was made to ensure that the agreement would operate effectively in the interests of both the employer and employees.

Clear Sky Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established